On Wednesday, the Supreme Court of India stayed the Allahabad High Court’s controversial observations about what constitutes an attempt to rape.
The apex court expressed disapproval of the High Court’s ruling, which said that actions such as grabbing a woman’s breast and pulling the string of her pyjama don’t amount to the offence of rape or an attempt to rape.
While holding the Allahabad HC’s order, the Supreme Court described the observations as reflecting “total insensitivity” and an “inhuman approach.”
The bench, led by Justice B.R. Gavai and Justice Augustine George Masih, stressed the seriousness of the matter and criticised the insensitivity displayed in the judgement.
The Allahabad High Court’s order, delivered on March 17, drew attention when it concluded that the “allegation of holding the victim’s breasts and breaking the waistband of her pyjama did not amount to attempted rape.”
Justice Ram Manohar Narayan Mishra authored the judgement. He noted that while the actions were an assault on the dignity of the minor, they could not be classified as an attempt at rape.
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