The Supreme Court has taken note of the controversial ruling by the Allahabad High Court, which stated that touching a victim’s breasts and breaking the pyjama string do not qualify as attempted rape. The High Court’s decision, issued on March 17, was related to a case involving the alleged sexual assault of a minor.
A Supreme Court bench comprising Justice BR Gavai and Justice Augustine George Masih is set to review the matter on Wednesday.
In its verdict, the Allahabad High Court ruled that the accusations did not amount to attempted rape but rather fell under the category of sexual assault.
Supreme Court to Review Allahabad HC’s Ruling
The Supreme Court has taken notice of a controversial decision made by the Allahabad High Court regarding an attempted rape case. The High Court ruled that touching a victim’s breasts and breaking the waistband of a pyjama do not count as attempted rape. This decision was made on March 17 in a case involving the alleged sexual assault of a minor girl.
A bench of the Supreme Court, including Justice BR Gavai and Justice Augustine George Masih, will examine this ruling on Wednesday. The matter has sparked debate and raised concerns about the legal interpretation of sexual assault and attempted rape.
In its judgment, the Allahabad High Court stated that the actions described in the case did not meet the legal definition of attempted rape. Instead, the court classified the incident as sexual assault. This ruling has drawn criticism, with many questioning whether such an interpretation provides adequate protection to victims of sexual violence.
As the Supreme Court reviews the case, legal experts and activists are closely watching to see whether the ruling will be reconsidered and if stricter legal definitions will be reinforced to ensure justice for survivors.
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High Court Verdict on Assault Case Sparks Outrage
The judge, Justice Ram Manohar Narayan Mishra, who issued the ruling, stated that after reviewing the details of the case involving an 11-year-old girl, the incident was an assault on a woman’s dignity, but it couldn’t be classified as an attempted rape.
The High Court’s decision sparked widespread criticism. Legal experts condemned the judge’s remarks, urging more caution from the judiciary and noting the growing public distrust in the system due to such comments.
Kapil Sibal, senior advocate and president of the Supreme Court Bar Association, expressed strong disapproval, stating, “God save this country with such judges on the bench! The Supreme Court has been too lenient in addressing misbehaving judges.”
Supreme Court Declines Petition Against Allahabad High Court Verdict
On Monday, the Supreme Court declined to hear a petition challenging the Allahabad High Court’s ruling.
The petition sought the removal of a controversial section from the March 17 judgment and urged the court to establish guidelines preventing judges from making similar remarks in the future.
Union Minister Annapurna Devi strongly opposed the verdict, calling for Supreme Court intervention.
“I completely disagree with this decision, and the Supreme Court must take serious action. Such rulings have no place in a civilized society,” she told PTI.
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FAQs
Q.1. Why is the Allahabad High Court’s ruling controversial?
Ans. The ruling stated that touching a victim’s breasts and breaking a pyjama string do not constitute attempted rape, sparking criticism over its interpretation of sexual assault laws.
Q.2. What action is the Supreme Court taking on this matter?
Ans. A Supreme Court bench, led by Justice BR Gavai and Justice Augustine George Masih, is set to review the Allahabad High Court’s decision on Wednesday.
Q.3. What was Union Minister Annapurna Devi’s response to the verdict?
Ans. She strongly opposed the ruling, urging the Supreme Court to intervene, stating that such judgments have no place in a civilized society.
Q.4. What did Kapil Sibal say about the High Court’s ruling?
Ans. Senior advocate Kapil Sibal criticized the decision, calling for stricter judicial accountability and expressing concerns over declining public confidence in the judiciary.
Q.5. What changes are being demanded in response to the ruling?
Ans. Legal experts and activists are calling for clearer judicial guidelines to prevent judges from making controversial remarks and to strengthen legal protections for sexual assault survivors.
