The Supreme Court on Wednesday stayed the controversial observations made by the Allahabad High Court regarding what constitutes rape, slamming the remarks as “insensitive” and “inhuman.” The apex court called the high court’s comments, stating that grabbing a woman’s breasts and pulling the drawstring of her pyjama did not amount to rape, completely alien to the principles of law.
A bench of Justices B R Gavai and Augustine George Masih, hearing the matter suo motu after it was flagged by the “We the Women of India” collective to Chief Justice of India Sanjiv Khanna, described the observations as shocking and unacceptable. The bench remarked that while they are generally slow to grant stays at this stage, the gravity of the situation compelled intervention.
The Allahabad High Court had made these remarks in a March 17 verdict dismissing rape charges against two accused and instead summoning them for the lesser charge of assault with intent to disrobe. The verdict had come in response to a petition by two men challenging a special judge’s order summoning them under Section 376 of the IPC. The case involved an incident where the accused allegedly assaulted a 14-year-old girl and tried to pull her under a culvert after grabbing her breasts and pulling at her clothing.
The Supreme Court said that these observations cannot be used in any judicial proceedings going forward. Solicitor General Tushar Mehta and Attorney General R Venkataramani both expressed serious concern over the judgment, calling for corrective action. The apex court also noted that the high court judge had authored the verdict after months of deliberation, making the insensitivity even more concerning.
The Supreme Court has issued notices to the Centre, the Uttar Pradesh government, and the parties involved, seeking responses. It has also directed the registrar (judicial) to communicate its order to the registrar of the Allahabad High Court for urgent attention by the Chief Justice there. The matter will be heard again in two weeks.
