The Indian Supreme Court on Tuesday (Mar 15) has taken suo motu cognizance of a controversial rulling by the Allahabad High Court, which said that grabbing breasts and breaking pyjama strings did not amount to rape or attempt to rape. The court’s verdict came on March 17 in a case involving an 11-year-old girl, sparking outrage from legal experts, political leaders and activists.

Advertisment

The matter will be heard in the Supreme Court by the bench of Justice BR Gavai and Justice Augustine George Masih on Wednesday (Mar 26).

Also read | Man rapes infant, Indian court reduces life sentence to 10 years, says original punishment was 'harsh and excessive'

Controversial verdict

Advertisment

The Allahabad High Court ruling came as it was hearing a Protection of Children from Sexual Offences (POCSO) case of alleged rape of a minor girl.

The accused, identified as Pawan and Akash, allegedly grabbed the breasts of a minor girl and broke her pyjama string. They also attempted to drag her beneath a culvert but fled the scene after a passer-by came to the girl’s aid. The incident took place in Uttar Pradesh's Kasganj.

Also read | Man rapes mentally challenged minor, Indian court reduces sentence because he's 'family man with 4 kids'

Advertisment

In its order, the Allahabad High Court had said that “the allegation of holding the victim’s breasts and breaking the waistband of the pyjama did not constitute a case of attempted rape against the accused.” 

Defending the ruling, Justice Ram Manohar Narayan Mishra, who gave the order on March 17, said that while it was a case of assault on a woman’s dignity, but it can’t be termed as an attempt to rape the 11-year-old girl.

HC order draws criticism

The verdict drew massive criticism, sparking outrage across the nation. Legal experts noted that such statements diminish the confidence of the public in the judiciary.

Also read | 'Grabbing breasts, snapping pyjama string not rape': Allahabad HC's controversial ruling sparks debate

Senior advocate and Supreme Court Bar Association President Kapil Sibal said, “God save this country with such judges adorning the bench! The Supreme Court has been too soft in dealing with errant judges (sic).”

Earlier on Monday (Mar 24), the Supreme Court denied to hear a petition regarding the HC’s ruling. 

The petition called for the top court to issue an order to remove controversial sections of the judgment. The plea also demanded SC issue guidelines to prevent judges from making such remarks in the future.

Also read | India: Ghaziabad man rapes, murders 7-Year-Old daughter; frames neighbour

Union Minister for Women and Child Development Annapurna Devi told PTI, “I am completely against this decision, and the Supreme Court should take serious note of it. Such a ruling has no place in a civilised society.”

(With inputs from agencies)