Supreme Court Intervenes In Allahabad HC’s ‘Grabbing Breasts Not Rape’ Ruling

New Delhi: The Supreme Court on Tuesday took note of a ruling by the Allahabad High Court, which stated that actions like “grabbing breasts and breaking the waistband of a pyjama did not constitute attempted rape.” 

The ruling was made in a case involving the attempted rape of an 11-year-old girl. Following the public uproar and legal challenges, the Supreme Court has now agreed to hear the matter. A bench consisting of Justice BR Gavai and Justice Augustine George Masih will take up the case on Wednesday. 

Allahabad High Court's Controversial Ruling

The Allahabad High Court’s order, delivered on March 17, drew significant attention when it concluded that the “allegation of holding the victim’s breasts and breaking the waistband of her pyjama did not amount to attempted rape.”

Justice Ram Manohar Narayan Mishra, who authored the judgment, noted that while the actions were an assault on the dignity of the minor, they could not be categorized as an attempt at rape. 

The court described the incident as a case of sexual assault but stopped short of calling it an attempted rape.

Public Outrage and Legal Criticism

The Allahabad High Court’s decision has faced strong criticism from legal experts and public figures. 

Senior advocate Kapil Sibal, who is also the president of the Supreme Court Bar Association, expressed his outrage, saying, “God save this country with such judges adorning the bench! The Supreme Court has been too soft in dealing with errant judges.”

Supreme Court's Intervention and Petition

On Monday, the Supreme Court had initially refused to hear a petition related to the controversial ruling. The petition had sought to have the specific part of the Allahabad High Court’s judgment removed and requested that the Supreme Court issue guidelines to prevent similar remarks in the future.

Union Minister for Women and Child Development, Annapurna Devi, also voiced her opposition to the Allahabad High Court’s verdict. Speaking to news agency PTI, she stated, “I am completely against this decision, and the Supreme Court should take serious note of it. Such a ruling has no place in a civilised society.”