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SC put a stay on the Allahabad High Court’s ruling, which stated that acts such as grabbing a minor girl’s breasts, breaking her pyjama, and attempting to drag her beneath a culvert would not constitute rape or an attempt to rape.
The Supreme Court on Wednesday stayed the Allahabad High Court’s controversial order, which held that grabbing the breasts of a minor girl, breaking the string of her pyjama, and trying to drag her beneath a culvert would not constitute an attempt to rape.
The High Court had instead ruled that the actions prima facie amounted to aggravated sexual assault under the Protection of Children from Sexual Offences (POCSO) Act, which carries a lesser punishment. The decision sparked public outrage, prompting the Supreme Court to take suo motu cognisance of the matter.
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A bench led by Justice B.R. Gavai and Justice A.G. Masih strongly criticized the High Court’s reasoning, calling the judgment “shocking” and displaying a total lack of sensitivity”. The court specifically pointed to paragraphs 21, 24, and 26 of the judgment, stating that they "depict total insensitivity and an inhuman approach."
The Supreme Court further noted that the judgment was not delivered in haste but was issued nearly four months after being reserved, implying that it was made after deliberate consideration. Given the severity of the issue, the bench said it had no choice but to stay the ruling.
The Supreme Court has issued notices to the Union of India, the State of Uttar Pradesh, and the parties involved. Solicitor General of India, Tushar Mehta, appearing before the court, denounced the judgment, calling it "shocking."
The case reached the Supreme Court after Senior Advocate Shobha Gupta, on behalf of the NGO ‘We the Women of India’, sent a letter raising concerns about the High Court’s interpretation of sexual assault laws.
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According to the prosecution, two accused individuals, Pawan and Akash, grabbed the breasts of an 11-year-old girl, after which Akash broke the string of her pyjama and attempted to drag her beneath a culvert. The trial court initially treated it as an attempt to rape and invoked Section 376 (rape) with Section 18 (attempt to commit an offence) of the POCSO Act before issuing a summoning order.
The Supreme Court’s intervention now places the Allahabad High Court’s ruling under scrutiny, reinforcing the need for a victim-centric approach in handling cases of sexual violence against minors.
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