The Supreme Court has put on hold the Allahabad High Court’s controversial order that held that “grabbing breasts” and “breaking the strings of a girl’s pyjamas” didn’t constitute rape or attempt to rape. There has been public outrage following the judgment which is being perceived as highly insensitive.
Justice Ram Manohar Narayan Mishra ruled that mere grabbing of a woman’s breast falls under the ambit of assault or use of criminal force against any woman with the intent to disrobe or force her to be naked.
“We are at pains to state that it shows total lack of sensitivity on part of the author of the judgment. 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,” a bench of Justices BR Gavai and Augustine George Masih was quoted as saying.
“We are usually hesitant to grant a stay at this stage. But since the observations in para 21, 24 and 26 are unknown to cannons of law and show an inhuman approach, we stay the observations,” the Supreme Court, which sought the responses of the Centre and the Uttar Pradesh government on the issue, said.
“We issue notice to the Union, the state of Uttar Pradesh and parties before the HC. The learned Attorney General and Solicitor General shall assist the court,” the court said.
The Allahabad High Court’s order came while hearing a plea by two people whom the trial court summoned on rape charges. According to reports, the accused, Pawan and Akash, allegedly grabbed the breasts of an 11-year-old girl. One of them reportedly broke the string of her pyjama and attempted to drag her beneath a culvert.
The High Court ruled that the two should be tried under assault charges along with sections 9/10 of the POCSO Act (aggravated sexual assault), which attract lesser penalties.
Another Supreme Court bench turned down a PIL against the controversial court order on March 24.
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