SC stays 'insensitive, inhuman' Allahabad HC judgment on attempt to rape
The Supreme Court minced no words in its criticism of justice Ram Manohar Narayan Mishra's reasoning, saying the judge “exhibits complete lack of sensitivity”
The Supreme Court on Wednesday stayed the controversial March 17 judgment of the Allahabad high court regarding what constitutes an attempt to rape, condemning the ruling as “insensitive and inhuman” and directing the high court chief justice to take “appropriate steps” against the judge responsible.
A bench comprising justices Bhushan R Gavai and AG Masih came down heavily on the judgment authored by justice Ram Manohar Narayan Mishra of the high court, stating that it violated “canons of law” and demonstrated a “complete lack of sensitivity”. The apex court’s decision follows its suo motu cognisance of the matter on Tuesday after receiving a letter from senior advocate Shobha Gupta urging intervention.
The Allahabad high court’s ruling, delivered on March 17 by justice Mishra, had sparked nationwide outrage as it held that a man grabbing an 11-year-old girl’s breasts, breaking the strings of her pyjama, and dragging her under a culvert did not amount to an attempt to rape.
During Wednesday’s hearing, the bench minced no words in its criticism of justice Mishra’s reasoning.
“It’s very serious and exhibits complete lack of sensitivity on the part of the judge… We are sorry to use such harsh words against a constitutional court judge, but this is one of those cases.”
Solicitor general Tushar Mehta echoed the concerns, stating: “There are certain judgments which contain reasons for staying the judgment. This is one of them. I take strong exception to this judgment. It is one of those cases where the chief justice of the high court needs to act.”
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The bench then proceeded to immediately put the judgment in abeyance, recording in its order: “We take strong exception to paragraphs 21, 22, and 26 of the judgment, which depict a total lack of sensitivity on the part of the author of the judgment. It is also not that the judgment was delivered on the spur of the moment—it was reserved in November and delivered four months later. It is thus clear that the judge applied his mind and authored this judgment.”
The order added: “These paragraphs are against the canons of law and depict a totally insensitive and inhuman approach. The judgment is stayed.”
Acknowledging the severity of the issue, the Supreme Court directed that the order be immediately communicated to the registrar general of the Allahabad high court, requesting the chief justice to examine the matter and take action “as deemed fit and appropriate”.
The Supreme Court also issued a formal notice to the Union government, the state of Uttar Pradesh and the Allahabad high court, scheduling the next hearing after four weeks.
Just Rights for Children Alliance, an organisation which has filed a special leave petition (SLP) challenging the high court ruling, was also made a party to the proceedings. A lawyer also mentioned the matter on behalf of the mother of the minor. The court allowed her to move an impleadment application in the matter.
The case before the Allahabad High Court involved a revision petition filed by two of the three accused, Pawan and Akash, who challenged an order passed by a Kasganj trial court summoning them under Section 376 (rape) of the Indian Penal Code (IPC) and other charges. The incident occurred on November 10, 2021, when the three accused, Pawan, Akash and Ashok, allegedly sexually assaulted their 11-year-old neighbour. According to the prosecution, the accused offered the girl a ride home on their motorcycle, stopped the vehicle and began grabbing her breasts, dragged her under a culvert and broke the strings of her pyjama.
Justice Mishra ruled that the incident did not meet the legal threshold for an attempt to rape charge under Section 376 of the Indian Penal Code (IPC). The court downgraded the charges, stating that the accused should instead be tried under Section 354(B) of the IPC (assault or use of criminal force with intent to disrobe) and Section 9 of the Protection of Children from Sexual Offences (POCSO) Act (aggravated sexual assault). The judgment relied on the reasoning that an attempt to rape requires a degree of ‘determination” that goes beyond mere preparation.
The ruling drew swift condemnation from legal experts, activists, and politicians. Union Minister for Women and Child Development Annapurna Devi termed the judgment “unacceptable,” stating that it “has no place in a civilized society” and that the Supreme Court must intervene.
Shiv Sena (UBT) MP Priyanka Chaturvedi wrote to Chief Justice of India Sanjiv Khanna and Union law minister Arjun Ram Meghwal, demanding Justice Mishra’s removal from judicial duties. “I firmly believe this is a flawed judgment delivered by a depraved judge,” she wrote, arguing that the ruling trivialized sexual assault and sent a dangerous message to society.
Senior advocate Shobha Gupta, in her letter to the CJI on March 20, had emphasised that the judgment reflected an “insensitive, irresponsible” approach that undermined the judiciary’s role in protecting victims of sexual crimes. She urged the court to not only take judicial action but also remove justice Mishra from the criminal roster pending further investigation.
The Supreme Court has, in past rulings, issued guidelines emphasizing the importance of gender sensitivity in judicial pronouncements. A landmark 2021 judgment had outlined best practices for judges, warning against using language that diminished the gravity of sexual offences or trivialized survivors’ experiences. The court had observed that attitudes normalizing crimes like stalking, eve-teasing, and harassment had “a lasting and pernicious effect on survivors,” and had directed the National Judicial Academy to incorporate gender sensitization training for all judges.
With the Supreme Court staying the Allahabad high court’s judgment, the matter will now be reconsidered. Meanwhile, all eyes will be on the chief justice of the Allahabad high court to see what corrective measures, if any, will be taken against justice Mishra.
