Connect with us

Hi, what are you looking for?

India

Supreme Court Pauses Allahabad HC’s Controversial Ruling on ‘Grabbing Breasts’ in Rape Case

Supreme Court India
Photo: https://sci.gov.in/

The Supreme Court on Wednesday intervened and paused a controversial order by the Allahabad High Court, which ruled that “grabbing breasts” and “breaking the strings of a girl’s pyjamas” do not constitute rape or attempted rape. The high court’s judgment, which sparked outrage, was criticized by the Supreme Court for its lack of sensitivity.

A bench of Justices BR Gavai and Augustine George Masih said that the Allahabad High Court’s ruling showed a total lack of sensitivity, noting that the judgment was not an impulsive decision, as it was delivered four months after the judgment had been reserved. The bench further stated, “It was not even at the spur of the moment, and was delivered 4 months after reserving the same. Thus, there was application of mind.”

The Supreme Court took suo motu cognizance of the Allahabad High Court’s order and issued a stay on the observations made in paragraphs 21, 24, and 26, which the court deemed contrary to the law and “inhuman.” The court observed that it was usually hesitant to grant a stay at this stage, but in this case, it found the remarks “unknown to the cannons of law.”

The Supreme Court also directed the Centre and the Uttar Pradesh government to respond to the issue, with the Attorney General and Solicitor General asked to assist the court. The court issued a notice to the Union and Uttar Pradesh government, as well as the parties involved in the original case.

The Allahabad High Court’s controversial ruling came during the hearing of a plea by two accused—Pawan and Akash—who were summoned by a trial court on charges of rape. The two were accused of grabbing the breasts of an 11-year-old girl and attempting to drag her beneath a culvert, after breaking the string of her pyjamas.

Justice Ram Manohar Narayan Mishra, while passing the order, held that mere “grabbing of the breast” does not amount to rape but should be classified under assault or criminal force against a woman with the intent to disrobe. The ruling suggested that the two accused should face charges under sections 9/10 of the Protection of Children from Sexual Offences (POCSO) Act, which carry lesser penalties than rape charges.

You May Also Like

India

A mosque inside the Rajaji Tiger Reserve in Uttarakhand’s Ramgarh Range has been sealed by forest officials and police following a Supreme Court order....

Indian Muslims

India’s Supreme Court today adjourned until Monday, September 22 the hearing of bail pleas filed by student activists Umar Khalid, Sharjeel Imam, Meeran Haider...

India

The Supreme Court will deliver its interim order on Monday in the case challenging the Waqf (Amendment) Act, 2025. The matter is listed for...

India

The Supreme Court on Thursday came down heavily on the Maharashtra Police for failing to register an FIR in connection with a murder during...

Copyright © 2025 The Observer Post. All Rights Reserved.