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The Supreme Court on Monday refused to entertain a petition challenging the Allahabad High Court’s controversial ruling that holding a minor’s breasts and breaking the strings of her pyjama does not amount to rape. The petition sought the removal of this part of the judgment and requested guidelines to prevent courts from making similar remarks in the future.
High Court Ruling Sparks Outrage
The Allahabad High Court recently ruled in a case involving the attempted rape of an 11-year-old girl in Uttar Pradesh, stating that the actions of the accused—grabbing the victim’s breasts and snapping her pyjama strings—did not constitute rape but amounted to sexual assault. The judgment, delivered on March 17, has drawn sharp criticism from legal experts, activists, and politicians.
Legal and Political Reactions
The ruling has been widely condemned, with many expressing concerns over the potential impact on sexual violence cases.
Senior advocate and Supreme Court Bar Association President Kapil Sibal strongly criticized the verdict, calling it deeply troubling. “God save this country with such judges adorning the Bench! The Supreme Court has been too soft in dealing with errant judges,” he remarked. Sibal warned that such statements from courts could erode public trust in the judiciary.
Union Minister for Women and Child Development Annapurna Devi also condemned the decision, urging the Supreme Court to intervene. “I completely disagree with this ruling. The Supreme Court must take this matter seriously. Such judgments have no place in a civilised society,” she told news agency PTI.
Rajya Sabha MP Swati Maliwal labeled the judgment “shameful and completely unacceptable,” questioning the message it sends regarding crimes against children. “What kind of precedent are we setting? That a child can suffer such trauma, yet it won’t be considered rape?” she said.
Senior advocate Vikas Pahwa warned that the High Court’s interpretation set a dangerous precedent by narrowly defining what constitutes an attempt to rape. Similarly, legal expert PK Dubey stressed that judges should adhere to established law rather than express personal opinions in such sensitive matters.
The case in question involves an 11-year-old girl from Kasganj, Uttar Pradesh, who was attacked by two men, identified as Pawan and Akash, in 2021. The accused allegedly groped her, broke her pyjama strings, and attempted to drag her under a culvert. The assault was thwarted when bystanders intervened, prompting the attackers to flee.
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