Supreme Court Slams Allahabad HC’s ‘Insensitive’ Ruling on ‘Grabbing Breasts Isn’t Rape’
The Supreme Court on Wednesday strongly criticized a controversial Allahabad High Court ruling that stated grabbing a woman’s breasts and pulling her pyjama string does not constitute rape, labeling the decision as “insensitive.” A bench of Justices BR Gavai and Augustine George Masih, hearing the matter after taking suo motu cognisance, expressed concern over the High Court’s interpretation. The ruling has sparked widespread debate on the legal definition of sexual offences in India.
Justice BR Gavai, leading the bench, remarked, “It is a serious matter. Total insensitiveness on part of the judge. This was at the stage of issuing summons! We are sorry to use such harsh words against the judge.” The court urged the Chief Justice of Delhi High Court to take necessary steps, highlighting the gravity of the issue and its impact on public trust in the judiciary.
On March 17, the Allahabad High Court, in a ruling by Justice Ram Manohar Narayan Mishra, stated that grabbing a woman’s breasts and pulling her pyjama string did not amount to rape. Instead, the court classified the act under Section 354(b) of the IPC, which deals with assault or criminal force with intent to disrobe, and Section 9 of the POCSO Act for aggravated sexual assault on a child.
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The case stems from an incident on November 10, 2021, when a woman and her 14-year-old daughter were accosted by three men—Pawan, Akash, and Ashok—in Kasganj. The accused allegedly offered the girl a lift, then assaulted her by grabbing her breasts and attempting to drag her beneath a culvert. The High Court modified the initial rape charge under Section 376 of the IPC to a lesser offence, citing insufficient evidence of intent to commit rape.
Legal experts have criticized the High Court’s observation, arguing that such rulings undermine the seriousness of sexual assault and erode public confidence in the judiciary. The Supreme Court’s intervention reflects growing concerns over judicial sensitivity in handling cases of sexual violence, particularly those involving minors.
The Supreme Court is expected to thoroughly review the Allahabad High Court’s ruling, potentially setting a precedent for how similar cases are adjudicated. The case has reignited discussions on the need for judicial training on gender sensitivity, with further developments anticipated as the apex court proceeds with its hearing.
