From Nirbhaya Case to Maternity Leave: A Look at Allahabad High Court's 5 Controversial Rulings

New Delhi: The Supreme Court on Wednesday stayed a controversial order from the Allahabad High Court, which had made contentious observations regarding acts that could constitute attempted rape. The Allahabad High Court had stated that acts like grabbing breasts or breaking the string of pyjamas did not amount to an attempt to rape.

The apex court took suo motu cognizance of the case after an organization, We the Women of India, approached the Supreme Court against the Allahabad High Court’s March 17 ruling. The Supreme Court bench, comprising Justices BR Gavai and Augustine George Masih, found the judgment to be deeply troubling and indicative of a “lack of sensitivity.”

Supreme Court's Strong Observations

The bench expressed its concerns, stating that the Allahabad High Court’s ruling reflected an "inhuman approach" and a "total lack of sensitivity" by the author of the judgment. 

The bench specifically stayed the observations made in paragraphs 21, 24, and 26 of the Allahabad High Court judgment, which were deemed to be inconsistent with the principles of law.

"We are usually hesitant to grant a stay at this stage, but since the observations in these paragraphs are unknown to the cannons of law and show an inhuman approach, we stay the observations in the said paragraphs," the Supreme Court said.

Previous Controversial Rulings by Allahabad High Court

This case is not the first time the Allahabad High Court has been at the center of controversy for its rulings. 

1. The Ayodhya Dispute (2010)

In 2010, the court ordered the disputed land in Ayodhya be divided into three parts: one for the Hindu parties (for the Ram Temple), one for the Sunni Waqf Board (for the mosque), and one for the Nirmohi Akhara. 

2. The Ganga Yamuna Pollution Case (2018)

The court made headlines in 2018 with its verdict on pollution in the Ganga and Yamuna rivers. It directed the state and central governments to take immediate action to clean these rivers. However, the ruling was criticized for its lack of clear practical implementation strategies and for failing to hold authorities accountable. Many believed the judgment was more symbolic than substantive, offering no concrete solutions to the ongoing environmental crisis.

3. The Nirbhaya Case (2014)

While the Nirbhaya gang rape case (2014) primarily fell under the jurisdiction of the Delhi High Court and the Supreme Court, the Allahabad High Court was involved in related cases, especially in appeals by the accused. The court came under fire for its handling of petitions and the delays in hearings

4. The Maternity Leave Case (2020)

In 2020, the Allahabad High Court ruled that women employees in private companies were not entitled to maternity leave on the same terms as those in government jobs. 

5. The Hijab Case (2018)

In a 2018 case, the Allahabad High Court ruled that wearing a hijab was not an essential religious practice and upheld a college’s decision to deny admission to a Muslim student for violating the institution’s dress code.