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Allahabad high court's ‘insensitive’ rape ruling slammed: ‘Dangerous for society’
The Allahabad high court recently observed that grabbing breasts, breaking the string of the pyjama of a victim was not enough to charge attempt to rape or rape
After the Allahabad high court issued a controversial observation on what constitutes a rape charge, Union minister Annapurna Devi and several others have slammed the court and called for judicial reforms.
Union minister Annapurna Devi, on Friday, addressed the Allahabad high court's ruling and told news agency PTI,"I don't support this decision, and the Supreme Court should also re-consider this decision because it will have adverse impact on a civil society."
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The Allahabad high court had observed that grabbing breasts and breaking of the string of a 'pyjama' did not amount to the offence of rape, although it could lead to charges of assault or use of criminal force against any woman with the intent to disrobe or compel her to be naked.
A bench of Justice Ram Manohar Narayan Mishra stated that there was a gap between preparation for a crime and an actual attempt to commit a crime.
He said, “The allegations levelled against the accused, Pawan and Akash, and facts of the case hardly constitute an offence of attempt to rape in the case. In order to bring out a charge of attempt to rape, the prosecution must establish that it had gone beyond the stage of preparation.”
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Rajya Sabha MP Swati Maliwal also strongly criticised the high court and said, "Holding breast, breaking pyjama's string is not a crime of rape...This statement is very insensitive and it is very dangerous for the society. The Supreme Court should intervene in this matter."
BJP member CT Pallavi, took to X, and posted, “Another gem of Indian judiciary? Grabbing Victim's Breasts, Breaking Pyjama string are NOT attempt to RAPE, says Allahabad High Court. The girl was only 11 years old. What’s the use of stringent laws of POCSO & BNS when such judgements are given? Recall the Chhattisgarh HC judgement that acquitted a man who caused his wife’s death because of unnatural Sex?”
She further added that judicial reforms were required to tackle such issues.
Prominent Indian lawyer Indira Jaising also posted on X about the case and said, “Requires suo moto action by SC. Judges have been pulled up for much less by SC.”
