SC stays Allahabad High Court controversial remarks on rape charges
New Delhi: The Supreme Court on Wednesday stayed specific observations made by the Allahabad High Court regarding the legal interpretation of an attempt to rape, calling them “totally insensitive” and “inhuman.” A bench of Justices B R Gavai and Augustine George Masih took a strong stance on the matter, terming it a “very serious issue.”
“In normal circumstances, we are slow in granting stay at this stage. But since the observations appearing in paragraphs 21, 24, and 26 are totally unknown to the canons of law and depict total insensitivity, we are inclined to stay the said observations,” the bench stated.
The case gained the Supreme Court’s attention after a collective named “We the Women of India” wrote to Chief Justice of India Sanjiv Khanna, raising concerns over the high court’s ruling. The top court subsequently took suo motu cognisance of the matter and ordered a stay on the controversial remarks until further notice.
The Allahabad High Court, in its March 17 judgment, ruled that grabbing a woman’s breasts and pulling the drawstrings of her pyjamas did not constitute an attempt to rape. The court held that while the accused could be summoned for lesser charges under Section 354(b) of the Indian Penal Code (IPC), which pertains to assault or use of criminal force with intent to disrobe a woman, the evidence did not support a charge of attempt to rape.
“There is no allegation that the accused tried to commit penetrative sexual assault against the victim,” the high court had noted in its ruling. Justice Ram Manohar Narayan Mishra, who authored the judgment, had stated, “On the facts of the case, a prima facie charge of attempt to rape is not made out against the accused Pawan and Akash. Instead, they are liable to be summoned for a minor charge under Section 354(b) IPC.”
Taking exception to these remarks, Solicitor General Tushar Mehta said in the Supreme Court, “This is one judgment I take very serious exception to.” Attorney General R Venkataramani also appeared in the proceedings.
Justice Gavai, while hearing the matter, remarked, “It is a very serious issue, exhibiting total insensitiveness on the part of the judge.” He further noted that the Supreme Court was compelled to use “harsh words” against the high court judge due to the gravity of the matter.
The Supreme Court’s stay means that the observations made in the high court’s ruling cannot be used as legal precedent in any judicial proceeding. Furthermore, the top court issued notices to the Centre, the Uttar Pradesh government, and the parties involved in the case, seeking their responses in the suo motu proceedings.
“The registrar concerned of this court is directed to forthwith communicate this order to the registrar general of the High Court of Judicature at Allahabad, who shall place the same immediately before the Chief Justice of the High Court of Judicature at Allahabad, who is requested to look into the matter and take such steps as deemed fit and proper,” the bench ordered.
The case is set for further hearing on April 15.
The case originated from an incident in which a woman alleged that, on November 10, 2021, she and her 14-year-old daughter were returning from her sister-in-law’s house when three men from her village—Pawan, Akash, and Ashok—offered the daughter a lift on their motorcycle. According to the allegations, the accused stopped their vehicle midway, with Pawan grabbing the girl’s breasts while Akash allegedly dragged her and attempted to take her beneath a culvert, pulling at the drawstrings of her lowers.
Following this, a special court in Kasganj summoned the accused under Section 376 (rape) of the IPC and other provisions. The accused challenged this order, leading to the Allahabad High Court’s controversial ruling.
During the Supreme Court hearing, one of the advocates representing the case mentioned that they had already filed a plea challenging the high court order. Another lawyer stated that an application would be filed on behalf of the survivor’s mother.
