SC Takes Suo Moto Cognizance of Allahabad HC’s Controversial ‘Grabbing Breasts Not Rape’ Ruling

New Delhi: The Supreme Court of India has taken suo moto cognizance of a controversial ruling by the Allahabad High Court, which declared that “grabbing breasts” and “breaking pyjamas” did not amount to rape but rather constituted an attempt at rape. The judgment, issued on March 17, modified the charge from attempted rape to a lesser offense under Section 354(b) of the Indian Penal Code (IPC), sparking nationwide outrage.

The Controversial Ruling

The ruling was delivered by Justice Ram Manohar Narayan Mishra in response to a revision appeal filed by two accused individuals challenging an order issued by a Kasganj Special Judge. The Special Judge had previously summoned them under Section 376 (rape) of the IPC. However, the High Court’s ruling downgraded the charge to Section 354(b), which deals with assault or the use of criminal force against a woman with the intention of disrobing her.

Legal experts and women’s rights activists have strongly criticized this decision, arguing that it dilutes the severity of sexual offenses and sets a dangerous precedent. The Supreme Court’s intervention signals a crucial step in ensuring justice for victims of sexual assault.

What Was the Case?

The case revolves around a horrific incident that took place on November 10, 2021. A 14-year-old girl was walking home with her mother when two men, identified as Pawan and Akash, approached her on a motorcycle. Pawan allegedly offered her a lift, and when she refused, both men attacked her. They reportedly grabbed her breasts, tore the thread of her pyjamas, and attempted to drag her under a culvert.

Hearing her screams, two individuals rushed to her aid. However, the accused brandished a gun and threatened them before fleeing the scene. The case was initially registered under Section 18 of the Protection of Children from Sexual Offences (POCSO) Act and Section 376 of the IPC.

Public Outrage and Legal Implications

The Allahabad High Court’s decision to dilute the charges has drawn sharp criticism from legal professionals, activists, and the general public. Many believe that such a ruling minimizes the severity of sexual violence and could potentially embolden perpetrators.

Women’s rights organizations have condemned the judgment, emphasizing that sexual assault survivors already face immense challenges in obtaining justice. By lowering the charges, the ruling not only undermines the victim’s trauma but also questions the legal system’s commitment to safeguarding women and children from sexual violence.

Supreme Court’s Intervention

Recognizing the gravity of the situation, the Supreme Court took suo moto cognizance of the matter, indicating that it will examine the ruling and its implications. Legal experts anticipate that the apex court may set a strong precedent by reinforcing stringent legal consequences for sexual offenses.

This development marks a significant moment in India’s legal landscape, as it highlights the judiciary’s role in upholding justice for survivors of gender-based violence. The Supreme Court’s review of this case will be closely watched, with expectations that it will uphold the principles of justice and protection for women and minors.

The Allahabad High Court’s ruling has sparked a much-needed debate on the interpretation of sexual offenses under Indian law. With the Supreme Court stepping in, there is hope that the judicial system will reaffirm its commitment to protecting victims and delivering justice. As the nation awaits further proceedings, the case serves as a crucial reminder of the need for a stringent legal framework that prioritizes the safety and dignity of women and children.