Who is Allahabad HC judge Ram Manohar Narayan Mishra pulled up Supreme Court for 'grabbing breasts not rape' ruling?
Justice Ram Manohar Narayan Mishra faces criticism for his March 17 ruling on attempt to rape, which the Supreme Court called “insensitive” and “inhuman.”
Justice Ram Manohar Narayan Mishra has come under severe criticism following his March 17 ruling on what constitutes an attempt to rape, which the Supreme Court called “insensitive” and “inhuman".
The Supreme Court condemned the judgment as a violation of legal standards and directed the Chief Justice of the Allahabad high court to take appropriate action against him.
The apex court stayed the ruling, which held that acts like grabbing breasts or breaking the string of a pyjama do not amount to an attempt to rape.
A bench of Justices BR Gavai and Augustine George Masih strongly criticised 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.”
The bench noted that the judgment was not delivered suddenly, as it had been reserved in November and given four months later, indicating that the judge had thoroughly considered it.
“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 bench said.
The Supreme Court took suo motu cognisance of the case after the organisation ‘We the Women of India’ approached it against the March 17 order.
Who is Justice Ram Manohar Narayan Mishra and what was his ruling?
Justice Mishra delivered the controversial ruling while allowing the accused's criminal revision plea. The high court had directed that the accused be tried under Section 354-B of the IPC (assault or use of criminal force with intent to disrobe) along with Sections 9/10 of the POCSO Act (aggravated sexual assault).
The case dates back to November 10, 2021, when the accused offered to drop an 11-year-old girl home on their motorcycle. Her father, trusting them, allowed her to go with them.
On the way, the three accused stopped and began sexually assaulting her. The prosecution said the accused grabbed her breasts, broke the string of her pyjama, and attempted to drag her under a culvert in Uttar Pradesh’s Kasganj. They fled when passersby intervened, leaving the girl behind.
The high court ruled that the allegations “hardly constitute an offence of attempt to rape.”
“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. To bring out a charge of attempt to rape, the prosecution must establish that it had gone beyond the stage of preparation,” the court observed.
The judge held that such actions were insufficient to prove intent to commit rape as no further steps were taken.
About Justice Ram Manohar Narayan Mishra
Justice Mishra graduated in law in 1985 and completed his post-graduation in 1987. He joined the Uttar Pradesh Judicial Service as a Munsif in 1990 and was promoted to the higher judicial service in 2005.
Over the years, he served as district and sessions judge in Baghpat and Aligarh and held positions such as director of the Judicial Training and Research Institute (JTRI) and district and sessions judge, Lucknow.
He was elevated to the Allahabad high court as an additional judge on August 15, 2022, and took oath as a permanent judge on September 25, 2023.
