In a sharp rebuke, the Supreme Court on Wednesday stayed controversial observations made by the Allahabad High Court, which had ruled that grabbing a woman’s breast and pulling the string of her pyjama do not constitute rape.
Labeling the high court’s stance as “totally insensitive” and “inhuman,” the apex court intervened suo motu after the issue was flagged by the organization “We the Women of India” to Chief Justice Sanjiv Khanna.
A bench comprising Justices B.R. Gavai and Augustine George Masih expressed dismay at the Allahabad High Court’s March 17 verdict, delivered by Justice Ram Manohar Narayan Mishra. The high court had argued that such acts fall under assault or criminal force with intent to disrobe, rather than rape under Section 376 of the Indian Penal Code (IPC).
The Supreme Court, however, found the reasoning in paragraphs 21, 24, and 26 of the judgment to be “unknown to the cannons of law” and reflective of a “total lack of sensitivity.”
“This is a very serious matter,” Justice Gavai remarked, noting that the high court’s verdict—reserved in November 2024 and pronounced after four months—indicated deliberate consideration, not a hasty ruling. “We are sorry to use such harsh words against the judge,” the bench added, underscoring its disapproval.
The case originated from a revision petition in Kasganj, where two accused, Pawan and Akash, challenged a special judge’s summons for rape and other charges. The incident, dated November 10, 2021, involved the accused allegedly offering a lift to a 14-year-old girl, then assaulting her by grabbing her breasts and attempting to pull down her pyjama.
The high court concluded that these actions did not demonstrate intent to commit rape, citing the absence of further acts.
Solicitor General Tushar Mehta, assisting the court alongside Attorney General R. Venkataramani, called the high court’s judgment one he took “very serious exception” to.
The Supreme Court issued notices to the Centre, Uttar Pradesh government, and parties involved, directing the Allahabad High Court’s registrar to place the order before its Chief Justice for further action. The matter is slated for rehearing in two weeks.
The ruling has sparked outrage, with advocates filing related petitions, including one from the victim’s mother, to be heard alongside the suo motu proceedings. The Supreme Court’s intervention signals a firm stance against judicial insensitivity in gender-based violence cases.