'Grabbing woman's breasts and snapping pyjama string do not constitue attempt to rape'; SC stays Allahabad High Court's controversial order

NEW DELHI: The Supeme Court has stayed the Allahabad High Court's order, which stated that grabbing a woman's breast and snapping her pyjama string do not constitue attempted rape. The Supreme Court has expressed strong dissatisfaction with these controversial remarks. The bench, consisting of Justices B R Gavai and Augustine George Masih, took up the case suo moto and clarified that such remarks from the High Court could not be accepted, calling them inhumane statements.

Senior lawyer Shobha Gupta had pointed out this issue by writing a letter to Chief Justice Sanjiv Khanna, which led the Supreme Court to take up the case suo motu. The Allahabad High Court had ruled that grabbing a woman's breasts, attempting to tear off her pyjama string, or dragging her could not be considered evidence of an attempt at rape. The court had also observed that such acts could not lead to charges of attempted rape. The High Court clarified that there is a distinction between an attempt at rape and preparation for rape.

The controversial remarks were made in a case where two accused individuals had challenged the lower court's order regarding the trial of charges related to attempting to rape a minor girl. The remarks were made by Justice Ram Manohar Narayan Mishra in a single bench of the Allahabad High Court. Following the High Court's order, there was widespread protest. Union Minister for Women and Child Development Annpurna Devi also criticized the ruling, stating that the judgment was wrong and sent the wrong message to society.