A recent observation by the Allahabad High Court regarding what constitutes an attempt to rape has sparked widespread criticism, with Union Minister Annapurna Devi and several public figures expressing their strong disapproval. Many have called for judicial reforms and urged the Supreme Court to review the decision, citing concerns over its impact on society.
Annapurna Devi Criticizes the Court’s Ruling
On Friday, Union Minister Annapurna Devi condemned the Allahabad High Court’s ruling, stating that such judgments could have severe consequences on civil society. Speaking to news agency PTI, she said, “I don’t support this decision, and the Supreme Court should also re-consider this decision because it will have an adverse impact on a civil society.”
The court had ruled that grabbing a woman’s breasts and breaking the string of her pyjama did not amount to an attempt to rape. Instead, the bench noted that these actions could lead to charges of assault or use of criminal force against a woman with the intent to disrobe or compel her to be naked but did not constitute an attempt to commit rape.
The Court’s Justification of the Ruling
Justice Ram Manohar Narayan Mishra, who presided over the case, explained that there is a distinction between the preparation of a crime and an actual attempt to commit it. He stated, “The allegations leveled against the accused, Pawan and Akash, and the facts of the case hardly constitute an offence of attempt to rape. In order to bring out a charge of attempt to rape, the prosecution must establish that it had gone beyond the stage of preparation.”
This interpretation of the law has drawn sharp criticism from politicians and activists, who argue that such judgments undermine the seriousness of sexual assault cases.
Rajya Sabha MP Swati Maliwal Expresses Discontent
Rajya Sabha MP and women’s rights advocate Swati Maliwal also voiced her concerns over the court’s ruling, calling it deeply insensitive. She said, “Holding breast, breaking pyjama’s string is not a crime of rape… This statement is very insensitive and it is very dangerous for society. The Supreme Court should intervene in this matter.”
Many activists argue that rulings like this could set a dangerous precedent and weaken legal protections for victims of sexual violence.
BJP Leader CT Pallavi Raises Questions on Judiciary
BJP leader CT Pallavi also joined the chorus of criticism, expressing her concerns through a post on X (formerly Twitter). She wrote, “Another gem of Indian judiciary? Grabbing Victim’s Breasts, Breaking Pyjama string are NOT attempt to RAPE, says Allahabad High Court. The girl was only 11 years old. What’s the use of stringent laws of POCSO & BNS when such judgments are given? Recall the Chhattisgarh HC judgment that acquitted a man who caused his wife’s death because of unnatural sex?”
Growing Demand for Judicial Reforms
The Allahabad High Court’s ruling has reignited the debate on judicial accountability and legal definitions concerning sexual assault. Critics argue that such interpretations of the law make it harder for victims to get justice and call for urgent legal reforms to ensure better protection for women and minors.
With mounting pressure from political leaders and activists, many are now urging the Supreme Court to intervene and reassess the judgment. As outrage continues to grow, legal experts and human rights organizations are calling for a more victim-centric approach to handling sexual assault cases in India.
The controversy surrounding this case highlights the need for clear and consistent legal frameworks that prioritize justice for survivors while addressing ambiguities in the interpretation of laws related to sexual crimes.