'Insensitive': Supreme Court stays Allahabad High Court order in minor rape case [26.3.2025]

The Supreme Court on Wednesday put a hold on a controversial Allahabad High Court ruling that stated acts like “grabbing a child victim’s breasts” and “breaking the string of her pyjamas” do not amount to rape or an attempt to rape.

Taking suo motu cognisance of the judgment, the top court slammed it as insensitive, noting that it was not a spontaneous decision but was delivered four months after reserving the verdict-- indicating deliberate consideration.

A bench of Justices BR Gavai and Augustine George Masih expressed deep concern over the high court’s reasoning, stating that the judgment displayed a “total lack of sensitivity.”

"We are at pains to state that it shows total lack of sensitivity on the part of the author of the judgment. It was not even at the spur of the moment and was delivered four months after reserving the same. Thus, there was an application of mind," the court said.

Emphasising the grave legal implications of the judgment, the Supreme Court noted that while it is generally reluctant to issue a stay order at this stage, the high court’s observations "are unknown to the canons of law and show an inhuman approach."

"We are usually hesitant to grant a stay at this stage. But since the observations in paragraphs 21, 24, and 26 are unknown to canons of law and show an inhuman approach, we stay those observations," the Supreme Court ruled.

The apex court has sought responses from the central government and the Uttar Pradesh government regarding the case.

"We issue notice to the Union government, the state of Uttar Pradesh, and the parties before the high court. The learned Attorney General and Solicitor General shall assist the court," the order stated.

This comes after another Supreme Court bench on March 24 declined to entertain a PIL challenging the Allahabad High Court's ruling.

The Allahabad High Court’s ruling was issued while hearing a plea by two men challenging a trial court order summoning them on rape charges.

The accused allegedly grabbed an 11-year-old girl’s breasts, broke the string of her pyjamas, and attempted to drag her beneath a culvert.

Justice Ram Manohar Narayan Mishra ruled that grabbing a girl’s breasts does not amount to rape but instead falls under the category of assault or use of criminal force with intent to disrobe or force nudity.

The high court downgraded the charges from rape (Section 376 of IPC) and attempted penetrative sexual assault (Section 18 of Pocso) to assault charges (Section 354-B IPC) and Sections 9/10 of the Pocso Act (aggravated sexual assault)-- which carry lesser penalties upon conviction.


26 Mar 2025