Supreme Court Takes Suo Motu Action on Allahabad HC’s ‘Grabbing Breasts Not Rape’ Ruling
The Supreme Court on Tuesday took suo motu cognisance of a controversial Allahabad High Court order that ruled “grabbing breasts” and “breaking pyjama” does not constitute rape but falls under assault with intent to disrobe. The High Court’s March 17 ruling modified charges in a case, prompting widespread debate on the legal interpretation of sexual offences. The apex court’s intervention signals a potential review of the contentious decision.
The Allahabad High Court, in its March 17 order, stated that the act of grabbing a woman’s breast or breaking the string of her pyjama does not amount to rape. Instead, Justice Ram Manohar Narayan Mishra classified it as an offence under Section 354(b) of the IPC, which deals with assault or criminal force with the intent to disrobe or compel a woman to be naked.
The ruling came on a revision petition filed by two individuals challenging a Kasganj Special Judge’s order. The Special Judge had summoned them under Section 376 of the IPC for rape, along with other charges. The High Court modified the charge to the lesser offence of Section 354(b), reducing the severity of the legal consequences for the accused.
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The Supreme Court’s decision to take suo motu cognisance reflects its intent to examine the High Court’s interpretation of sexual offences. The ruling had sparked significant controversy, with critics arguing that it undermines the seriousness of such acts. The apex court’s move is seen as a step toward ensuring clarity and justice in such cases.
The Supreme Court is expected to review the Allahabad High Court’s order in detail, potentially setting a precedent for how similar cases are interpreted under Indian law. Legal experts and activists are likely to closely follow the proceedings, as the outcome could impact the broader framework of sexual assault laws in the country. Further updates are awaited as the case progresses.
