Allahabad HC’s Justice Ram Manohar Narayan Mishra’s verdict grabbing breasts does not amount to a rape attempt has faced severe backlash, promting Supreme Court of India to step in. 

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On Wednesday (Mar 26), the top court stayed the order on the child abuse case, calling the March 17 ruling “insensitive” and “inhuman”. Allahabad HC had categorised the act as “aggravated sexual assault” under the POCSO Act, which would carry a lesser penalty for the accused.

Also read | Supreme Court stays Allahabad HC's ruling that 'grabbing breasts and pulling pyjama strings' not rape

Who is Justice Ram Manohar Narayan Mishra?

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Justice Mishra graduated in law in 1985 and completed his post-graduation in 1987. In 1990, he joined the UP Judicial Service as Munsif and was promoted to the Higher Judicial Service in 2005.

Over the years, he served in Baghpat and Aligarh and held positions including director of JTRI and district and sessions judge, Lucknow.

Also read | Supreme Court takes suo motu notice of Allahabad HC ‘grabbing breasts not rape attempt’ ruling

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In 2022, he took an oath as an additional judge in the Allahabad High Court and became a permanent judge on September 25, 2023.

Controversial ruling

The Allahabad High Court’s order, delivered by Justice Mishra, 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.” 

Justice Mishra reasoned that while it was a case of assault on a woman’s dignity, it can’t be termed as an attempt to rape the 11-year-old girl. The controversial verdict drew massive criticism, sparking outrage across the nation.

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

What did Supreme Court say?

The top court said that it was pained to see the lack of sensitivity by the High Court judge who passed the order. It ordered, “We are at pains to state that it shows total lack of sensitivity on part of the author of the judgment.”

Condemning the judgment as a violation of legal standards, a bench of Justices BR Gavai and Augustine George Masih directed the Chief Justice of the Allahabad High Court to take appropriate action against Justice Mishra.

“It’s very serious and exhibits complete lack of sensitivity on the part of the judge… We are sorry to use such harsh words against a constitutional court judge, but this is one of those cases.”

Also read | Justice Varma cash row: SC Collegium recommends transfer of judge to Allahabad High Court

The SC also noted that the judgment was delivered four months later, indicating that the judge had thoroughly considered it.

The Supreme Court took suo motu cognisance of the case after the organisation ‘We the Women of India’ appealed against the March 17 order.

(With inputs from agencies)