Insensitive, inhuman: Supreme Court pauses ‘grabbing breasts not rape’ order

The Supreme Court on Wednesday paused a controversial order by the Allahabad High Court.

That held “grabbing breasts” and “breaking the strings of a girl’s pyjamas” don’t constitute rape or attempt to rape. The Supreme Court, which took suo moto cognisance of the order, which triggered an outrage, said the judgment showed a lack of sensitivity.

The top court noted that the verdict was not at the spur of the moment and there was an application of mind as it was delivered four months after reserving the judgment.

“We are at pains to state that it shows total lack of sensitivity on part of the author of the judgment. It was not even at the spur of the moment and was delivered 4 months after reserving the same. Thus, there was application of mind,” a bench of Justices BR Gavai and Augustine George Masih said.

“We are usually hesitant to grant stay at this stage. But since the observations in para 21, 24 and 26 are unknown to cannons of law and show an inhuman approach, we stay the observations,” the Supreme Court said.

The Supreme Court sought the responses of the Centre and the Uttar Pradesh government on the issue. “We issue notice to the Union, the state of Uttar Pradesh and parties before the HC. The learned Attorney General and Solicitor General shall assist the court,” the court said.

Interestingly, another Supreme Court bench refused to entertain a PIL filed against the controversial court order on March 24.

WHAT ALLAHABAD HIGH COURT SAID
The Allahabad High Court’s order came while it was hearing a plea by two people who were summoned by a trial court on rape charges. The accused, Pawan and Akash, allegedly grabbed the breasts of an 11-year-old girl. One of them broke the string of her pyjama and attempted to drag her beneath a culvert.

Justice Ram Manohar Narayan Mishra ruled that mere grabbing of the breast doesn’t constitute rape, but such an offence falls under the ambit of assault or use of criminal force against any woman with the intent to disrobe or compel her to be naked.

The High Court ruled that the duo should be tried under assault charges along with sections 9/10 of the POCSO Act (aggravated sexual assault) – which attract lesser penalties if convicted.