SC stays HC’s ‘grabbing woman’s breast not rape’ ruling, slams judge

Slamming the judge’s “total insensitiveness”, the Supreme Court on Wednesday (March 26) stayed an Allahabad High Court’s observation that grabbing a woman’s breast and pulling her 'pyjama' string do not amount to an offence of rape.

Justices BR Gavai and Augustine George Masih they were pained by Justice Ram Manohar Narayan Mishra’s remarks of March 17.

Notices to Centre, UP

The bench also issued notices to the Centre, the Uttar Pradesh government and others seeking their response in suo motu proceedings initiated over the high court order.

Also read: Allahabad HC: Grabbing breasts, breaking minor’s pyjama string does not amount to rape

The apex court took cognisance of the matter on its own after Judge Mishra’s observations sparked nationwide outrage.

'Lack of sensitivity'

"We are pained to state that it shows a total lack of sensitivity on the part of the author of the judgment. It was not even at the spur of the moment and was delivered four months after reserving the same,” the judges said.

“We are usually hesitant to grant stay at this stage. But since observations in paragraphs 21, 24 and 26 is unknown to cannons of law and shows inhuman approach, we stay the observations."

Solicitor General Tushar Mehta agreed and said that "some judgments contain reasons for staying them".

HC ruling

Justice Gavai said: "It is a serious matter. Total insensitiveness on the part of the judge… We are sorry to use such harsh words against the judge.”

The high court had ruled that mere grabbing of the breast and pulling the 'pyjama' string of a woman do not amount to offence of rape and that such offence fell under the ambit of assault or use of criminal force.

Also read: Union minister flays Allahabad HC ruling on assault on woman, wants SC to intervene

Revision petition

The order was passed on a revision petition filed by two persons, Pawan and Akash, who moved the court challenging the order of a special judge after being summoned for the charge of rape and other offences.

Besides women activists, the victim's mother also moved an appeal in the Supreme Court. These were tagged with the suo motu case.

Earlier, a bench of Justice Bela Trivedi and Justice Prasanna B Varale earlier refused to entertain a petition challenging the Allahabad High Court ruling.