Supreme Court Stays ‘Insensitive’ Observations of Allahabad High Court in Rape Case

New Delhi : The Supreme Court of India on Wednesday (March 26) stayed the controversial observations made in an order by the Allahabad High Court, which stated that merely grabbing a woman’s breast and pulling the string of a ‘pyjama’ does not constitute the offence of rape.

A bench comprising Justices B.R. Gavai and Augustine George Masih strongly criticized the observations made by the high court, calling them “insensitive” and reflective of an “inhuman approach” towards sexual assault cases. The apex court took suo motu cognizance of the matter and issued a notice to the Centre, the Uttar Pradesh government, and other concerned authorities, seeking their responses.

The Supreme Court observed that such remarks by the high court could set a dangerous precedent and undermine the seriousness of sexual offences. Justice Gavai remarked that courts must adopt a sensitive approach while dealing with cases of sexual violence, keeping in mind the trauma faced by victims. The top court emphasized that judicial pronouncements must align with the principles of justice and the protection of women’s rights under Indian law.

The Allahabad High Court had passed the order on March 17 while hearing a revision petition filed by two individuals challenging the decision of a special judge in Kasganj. The lower court had summoned them under Section 376 (rape) of the Indian Penal Code (IPC), along with other charges. However, the high court ruled that the allegations did not amount to rape but rather constituted an offence under Section 354B of the IPC, which pertains to assault or the use of criminal force with the intent to disrobe a woman.

The Supreme Court’s intervention comes amid growing concerns over judicial sensitivity in cases of sexual violence. Legal experts and activists have welcomed the move, stating that courts must avoid making statements that trivialize sexual assault or provide loopholes for offenders. Many have also pointed out that such remarks could discourage victims from coming forward and reporting crimes.

The apex court’s decision to stay the high court’s observations indicates a strong stance on the issue of gender justice. The matter is now expected to be heard further, with the responses of the Centre and the Uttar Pradesh government being taken into consideration before a final ruling.