Supreme Court Stays Allahabad High Court's Controversial Ruling, Judges Label it Insensitive. High Court's Decision in 11-Year-Old Victim's Case Deemed to Send Wrong Message.
SC-HC: The Supreme Court has stayed a controversial Allahabad High Court ruling in a case involving an attempted rape of a minor girl. The Supreme Court judges described the decision as insensitive and initiated a hearing *suo motu*. Notices have been issued to the Uttar Pradesh and Central governments.
What was the Allahabad High Court's decision?
In its March 17th ruling, the Allahabad High Court stated that forcefully taking the victim under a bridge, grabbing her breasts, and breaking her pajama string did not constitute attempted rape. The incident involved an 11-year-old girl, but Justice Ram Manohar Narayan Mishra termed it an assault on the woman's dignity, stating it couldn't be classified as rape or attempted rape.
Serious Charges Dropped Against Accused
Justice Mishra dropped IPC Section 376 (rape), Section 18 (attempt to commit an offense), and relevant sections of the POCSO Act against the two accused. He suggested prosecution only under Section 354-B (assault or criminal force to woman with intent to disrobe) and Section 9 (aggravated sexual assault) of the POCSO Act. Considering the far-reaching implications of this ruling, social organizations and legal experts urged the Supreme Court to take cognizance. 'We the Women,' an organization working for women's rights, also wrote to Chief Justice Sanjeev Khanna on this issue.
Supreme Court's Strong Stance
The Supreme Court bench comprising Justices Bhushan Ramakrishna Gawai and Augustine George Masih heard the case. Criticizing the decision, they stated that while they generally avoid commenting on High Court judges, in this instance, they felt compelled to express their profound distress at the judge's insensitive approach.
Solicitor General Also Questions the Ruling
During the hearing, Solicitor General Tushar Mehta argued that some judgments are so serious they require immediate intervention. He pointed out that paragraphs 21, 24, and 26 of the ruling conveyed entirely the wrong message. He also suggested that the Chief Justice of the High Court should ensure that such judges do not handle sensitive cases.
Controversial Ruling Delivered After Four-Month Delay
The Supreme Court judges noted the gravity of the decision, highlighting that it wasn't a spontaneous ruling but rather one held for four months by the High Court judge, implying considerable deliberation. However, several aspects of the ruling appeared legally flawed and inhumane. Therefore, the Supreme Court immediately stayed the ruling and issued notices to all concerned parties.
