New Delhi: The Supreme Court on Wednesday put a stay on the Allahabad High Court’s controversial ruling, which stated that acts like grabbing a woman’s breasts or breaking the string of her pyjamas do not constitute an attempt to rape. The high court had further observed that the prosecution must prove its case beyond this “stage of preparation” to establish charges against the accused.
Taking suo motu cognizance of the matter, the Supreme Court acted after the organisation ‘We the Women of India’ challenged the Allahabad High Court’s March 17 order. A bench comprising Justices B.R. Gavai and Augustine George Masih criticized the ruling, stating that it reflected a “lack of sensitivity” on the part of the judge.
Expressing strong disapproval, the Supreme Court remarked, “This judgment demonstrates a total lack of sensitivity. It was not a hasty decision but was delivered four months after being reserved, indicating deliberate thought. While we are generally hesitant to grant a stay at this stage, the observations in paragraphs 21, 24, and 26 are not in line with the principles of law and exhibit an inhuman approach. Therefore, we stay these observations.”
The apex court has also sought responses from the Central and Uttar Pradesh governments, while requesting assistance from Solicitor General Tushar Mehta and Attorney General R. Venkataramani in the matter.
