New Delhi: The Supreme Court, on Wednesday, stayed an order of the Allahabad High Court, in which Justice Ram Manohar Narayan Mishra had observed that grabbing the breasts of a woman or snapping the string of her pyjama, does not amount to rape or attempt to rape.
Issuing notices to the Centre, Government of Uttar Pradesh and others, the Supreme Court bench of Justice B R Gavai and Justice Augustine George Masih stated that the Allahabad High Court observations depicted insensitiveness and inhuman approach.
On Tuesday, the Supreme Court had taken suo motu cognizance of the matter and assigned it to the bench of Justice Gavai and Justice Masih.
The matter dates back to 2023, when two youths, identified as Akash and Pawan, grabbed the breasts of a 11-year-old girl, dragged her under a culvert and snapped her pyjama string in Kasganj, Uttar Pradesh. The two fled after the girl’s shrieks alerted passers-by.
The two were being tried under 376 of the Indian Penal Code and Section 18 of the POCSO Act when they moved the Allahabad High Court. On March 17, Justice Mishra ruled that their actions did not amount to ‘Attempt to Rape’ and they should be charged for ‘aggravated sexual assault’.
This order led to anguish, even among members of the bar, particularly as it concerned a minor. Senior advocates like Indira Jaising spoke out against the order.
A petition was also moved before the Supreme Court on Monday, praying for an order to remove certain portions of the Allahabad High Court order. However, the bench of Justice Bela Trivedi and Justice Prasanna B Varale refused to entertain the matter.
Later, the Supreme Court took suo motu cognizance of the same.
