Supreme Court Halts Controversial Allahabad HC Order on Rape Allegations
New Delhi, March 26 – In a significant judicial intervention, the Supreme Court has suspended an order issued by the Allahabad High Court concerning rape cases, stating that the remarks made in the order reflect a disturbing lack of sensitivity. The Allahabad HC had controversially ruled that merely grabbing a girl’s breasts or breaking her pajama cord does not suffice to allege an attempt to commit rape.
Controversial Order Under Fire
During proceedings in the Supreme Court, concerns were raised regarding the language used by a bench of the Allahabad High Court. The lower court’s order, penned by Justice Ram Manohar Narayan Mishra’s bench, had noted that actions such as a couple of accused grabbing the victim’s breasts or attempting to pull her pajama cord — actions which allegedly occurred in an incident involving individuals named Pawan and Akash — did not meet the threshold for an attempt to rape. According to the order, the prosecution must establish that the act had progressed beyond the preparatory stage to warrant charges under Section 376 of the Indian Penal Code (IPC) along with provisions of the Protection of Children from Sexual Offences (POCSO) Act, Section 18.
Supreme Court’s Strong Rebuke
In its ruling, the Supreme Court expressed deep dismay over the insensitive language and legal reasoning used in paragraphs 21, 24, and 26 of the order. The apex court remarked, “It is distressing to see such a lack of sensitivity in the order, which not only fails to adhere to the law but also reflects a disregard for human dignity.” The court further noted that the controversial remarks were not supported by any statutory provisions and, therefore, imposed a stay on the order while inviting responses from both the Central and Uttar Pradesh governments, as well as soliciting input from the Attorney General R. Venkatramani and Solicitor General Tushar Mehta.
Public Outcry and Legal Implications
The order had already drawn sharp criticism from civil society groups, including the organization ‘We the Women of India,’ which had filed a public interest petition against the high court’s remarks. Following the SC’s intervention, Justice B.R. Gawai and Justice Augustine George of the Allahabad HC bench have been directed to refrain from enforcing the contentious paragraphs. The suspension comes after a bench comprising Justice Bela Trivedi and Justice Prasanna B. Varale had earlier declined to hear a public interest litigation challenging the same order.
Legal experts suggest that the move by the Supreme Court underscores the judiciary’s commitment to upholding human dignity and ensuring that legal interpretations, especially in sensitive cases like rape, are handled with utmost care and compassion.
Bhupendra Singh Chundawat is a seasoned technology journalist with over 22 years of experience in the media industry. He specializes in covering the global technology landscape, with a deep focus on manufacturing trends and the geopolitical impact on tech companies. Currently serving as the Editor at Udaipur Kiran, his insights are shaped by decades of hands-on reporting and editorial leadership in the fast-evolving world of technology.