"Total lack of sensitivity...": Supreme Court Pauses Allahabad HC "Grabbing Breasts, Pulling Down Pyajamas Not Rape" Verdict

The Supreme Court on Wednesday expressed strong disapproval over a recent ruling by the Allahabad High Court in a child rape case, where the court had observed that "grabbing of breasts" and "pulling down pyajamas" doesn't amount to rape. The apex court paused the high court's verdict, citing a "total lack of sensitivity" in the judgment.

The bench, consisting of Justice BR Gavai and Justice Augustine George Masih, took issue with certain observations made by the high court regarding the incident, which they felt were inhumane and inconsistent with legal standards.

The case involved allegations against two individuals, Pawan and Akash, accused of attempting to rape a child by grabbing her breasts and trying to pull down her lower garment. The Allahabad High Court, in its ruling on March 17, concluded that the actions of the accused did not amount to a rape attempt. The court's opinion was that the facts presented did not demonstrate a clear intent to assault the victim.

The Supreme Court, however, found the reasoning troubling. "We are pained to state that it shows a total lack of sensitivity on the part of the author of the judgment," said Justice Gavai. "It was not even at the spur of the moment and was delivered four months after reserving the same. Thus, there was application of mind," he added.

Justice Gavai expressed further concern, stating that the high court's observations were "unknown to the cannons of law" and displayed an "inhuman approach." The bench noted that while they were typically hesitant to grant stays, the nature of the observations in paragraphs 21, 24, and 26 of the judgment warranted such action. As a result, the Supreme Court stayed these observations, emphasising the seriousness of the matter.

Solicitor General Tushar Mehta supported the Supreme Court’s stance, agreeing that some judgments required staying due to their problematic reasoning. "Some judgments contain reasons for staying them," Mehta stated.

Justice Gavai also remarked that the comments made by the Allahabad High Court were particularly concerning as the case was at the stage of issuing summons. "Total insensitivity on the part of the judge," he said, expressing regret for using such harsh words against the judge.

The case came to the Supreme Court’s attention after the women’s rights group 'We the Women of India' flagged the controversial high court ruling. Additionally, the victim’s mother filed an appeal, which the Supreme Court has now tagged with the suo motu case it initiated.

The original ruling from the Allahabad High Court had been delivered by Justice Ram Manohar Narayan Mishra. The judge had reviewed a challenge to a lower court order that summoned the accused under Section 376 of the Indian Penal Code, which pertains to rape. The high court found that the actions described did not provide sufficient evidence of intent to commit rape.