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.