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Updated March 26th 2025, 12:06 IST

Total Lack Of Sensitivity: SC Stays Allahabad HC's 'Grabbing Breasts Not Rape Attempt' Verdict

The Supreme Court of India on Wednesday stayed the Allahabad High Court's controversial observations regarding what constitutes an attempt to rape.

Reported by: Rishi Shukla
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Supreme Court of India | Image: Supreme Court of India

New Delhi: The Supreme Court of India on Wednesday stayed the Allahabad High Court's controversial observations regarding what constitutes an attempt to rape. The apex court expressed strong disapproval of the High Court's ruling, which stated that actions such as grabbing a woman's breast and pulling the string of her pyjama do not amount to the offence of rape or an attempt to rape.

SC Stays Allahabad HC's 'Grabbing Breasts Not Rape Attempt' Verdict 

The Supreme Court, while holding the Allahabad HC's order, described the observations as reflecting "total insensitivity" and an "inhuman approach." The bench, led by Justice B.R. Gavai and Justice Augustine George Masih, stressed the seriousness of the matter and criticised the insensitivity displayed in the judgement.

Allahabad HC's Observations 

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 judgement, noted that while the actions were an assault on the dignity of the minor, they could not be classified as an attempt at rape.

Assault on a Minor Girl  

The case in question involved two men accused of assaulting a minor girl. The Allahabad High Court had ruled that their actions did not qualify as rape or an attempt to rape but instead fell under the lesser charge of aggravated sexual assault. This decision of court outraged commoners and raised concerns about the interpretation of laws meant to protect women and children.

Supreme Court Intervenes

The Supreme Court's intervention in this matter highlights the sensitivity needed in sexual violence cases. The apex court's decision to stay the High Court's observations sends a strong message about the need for accountability and fairness in the judicial process.

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Published March 26th 2025, 12:01 IST