New Delhi: The Supreme Court on Wednesday stayed certain remarks made by the Allahabad High Court, which stated that merely grabbing a woman’s breast and pulling the string of a ‘pyjama’ do not constitute the offence of rape.
A bench comprising Justices B R Gavai and Augustine George Masih noted that some of the observations in the high court’s order reflected a lack of sensitivity and an inhumane perspective.
Taking suo motu cognisance of the matter, the bench issued notices to the government of India, the Uttar Pradesh government, and other concerned parties, seeking their responses on the issue.
The Allahabad High Court’s March 17 ruling stated that such acts do not amount to rape but fall under the category of assault or use of criminal force with the intent to disrobe or compel a woman to be naked.
The order was passed by Justice Ram Manohar Narayan Mishra in response to a revision petition filed by two individuals challenging a special judge’s decision in Kasganj, which had summoned them under IPC Section 376 (rape) along with other charges.
