By The Sampadak Express
The Supreme Court has stayed the Allahabad High Court’s recent observations that dismissed certain actions as not amounting to rape, calling them “insensitive” and “inhuman.” The high court had ruled on March 17 that the mere grabbing of a woman’s breast and pulling the string of her pyjama did not constitute the offence of rape, instead categorizing the actions as assault or use of criminal force.
In a stern response, a bench of Justices B R Gavai and Augustine George Masih stayed the controversial observations, calling them a “total lack of sensitivity.” The bench emphasized that the remarks were “totally unknown to the cannons of law” and were of “total insensitivity” from the judge’s side.
The Supreme Court’s intervention came after the issue was raised by the organization “We the Women of India” and brought to the attention of Chief Justice of India, Sanjiv Khanna. Solicitor General Tushar Mehta and Attorney General R Venkataramani both expressed grave concerns about the high court’s judgment.
Justice Gavai termed the matter “very serious,” noting that while the court is usually cautious in granting stays, these particular observations required immediate action due to their insensitivity and inhumanity.
The apex court also noted that the Allahabad High Court had reserved its verdict in November 2021 and delivered it only in March, indicating that the judge had given significant thought to the ruling. However, the Supreme Court found the conclusions drawn to be deeply troubling.
The court issued a notice to the Centre, Uttar Pradesh government, and the parties involved in the case. It also directed the registrar of the Supreme Court to communicate its stay order to the registrar of the Allahabad High Court, urging the chief justice there to review the matter.
The case stemmed from a 2021 incident where a woman alleged that three men had tried to assault her and her daughter, including grabbing the woman’s breast and attempting to remove her pyjama. While the Allahabad High Court acknowledged these actions, it ruled that they were insufficient to establish an intent to commit rape.
The matter will be heard again in two weeks, with both the Solicitor General and Attorney General offering to assist the court.
