SC stays Allahabad High Court’s ‘grabbing breasts not rape attempt’ order

New Delhi: The Supreme Court on Wednesday stayed the remarks made in an Allahabad High Court order, which stated that merely grabbing a girl’s private parts and pulling the string of her pajama does not constitute rape.

A bench of Justices B R Gavai and Augustine George Masih said some observations in the high court order reflected “complete insensitivity and an inhuman approach.” The Supreme Court took suo motu cognizance of the matter and stayed the high court’s order issued on March 17.

The bench has issued notices to the Centre, the Uttar Pradesh government, and others, seeking their response.

Justice Ram Manohar Narayan Mishra of the Allahabad High Court had ruled that holding a woman’s chest and pulling a pajama thread does not amount to rape but falls under assault or use of criminal force with intent to undress.

His order came in response to a revision petition filed by two individuals against a special court’s directive summoning them under Section 376 (rape) of the Indian Penal Code, among other charges.