'Total Lack of Sensitivity' Supreme Court Pauses ’Grabbing Breasts Not Rape’ Allahabad High Court Order, Check

The Supreme Court today strongly criticized and stayed an Allahabad High Court judgment in a child abuse case, calling it "inhuman" and displaying "a total lack of sensitivity." The high court ruling had controversially stated that grabbing a victim’s breast and pulling the string of her pyjama did not amount to an attempt to rape.

Supreme Court’s Intervention

A bench of Justice BR Gavai and Justice Augustine George Masih expressed their deep concerns over the ruling and directed the Centre and the Uttar Pradesh government to respond. The court noted that the judgment was not delivered in haste but after four months of deliberation, making it even more troubling.

"We are pained to state that it shows a total lack of sensitivity on the part of the judge. Observations in paragraphs 21, 24, and 26 are unknown to the cannons of law and show an inhuman approach. We stay the observations in these paras," the Supreme Court ruled.

The court took up the matter suo motu after a petition by We the Women of India, a rights organization. The victim’s mother had also filed an appeal, which has now been tagged with the suo motu case.

Background of the Case

The controversial Allahabad High Court ruling was passed on March 17 by Justice Ram Manohar Narayan Mishra while reviewing a lower court’s order summoning two accused under IPC Section 376 (rape). The high court had observed that while the accused had grabbed the minor’s breasts, broken the string of her pyjama, and attempted to drag her under a culvert, there was no "determined effort" to commit rape.

The victim’s mother had alleged that the accused had stopped their motorcycle under the pretext of offering her daughter a lift, then tried to assault her. Two witnesses intervened, causing the accused to flee.

Nationwide Criticism

The ruling triggered widespread outrage, with many questioning whether forcibly undressing a woman or minor did not constitute an attempted rape. Senior jurist Indira Jaising had demanded suo motu cognizance, which the Supreme Court has now acted upon.

What’s Next?

The Supreme Court’s intervention marks a crucial step in addressing judicial insensitivity in sexual violence cases. It has issued notices to the Union of India and the Uttar Pradesh government, and further hearings are expected in the coming weeks.