A plea challenging the allahabad High Court's recent decision that tearing pajama strings and grasping breasts is not rape was denied by the supreme court on Monday.
In a case involving an attempted rape of a young girl in Uttar Pradesh, the allahabad High court has decided that the accused's alleged actions of gripping the victim's breasts and rupturing the waistband of her pajama do not amount to rape. It was an accusation of sexual assault, the court noted.
The supreme court was petitioned by the Public Interest Litigation (PIL) to order the removal of that contentious section of the march 17 ruling. The petition also asked the supreme court to publish rules that would stop justices from saying such divisive things in the future.
The supreme court, however, declined to consider the PIL on the subject.
The ruling rendered by the allahabad High court was widely condemned. Legal experts expressed regret over the assessment, urging judges to exercise caution and emphasizing how such remarks have eroded public trust in the system.
Senior advocate and supreme court Bar Association president kapil sibal responded, "God save this country with such judges adorning the Bench! The supreme court has been too soft in dealing with errant judges (sic)."
He posted that judges, especially those from the high courts, should refrain from making such statements, as it would "send the wrong message to society and cause people to lose faith in the judiciary."
"I am completely against this decision, and the supreme court should take serious note of it. Such a ruling has no place in a civilized society," Devi, the Union minister for women and Child Development, told the news agency PTI.
Rajya Sabha mp Swati Maliwal also slammed the ruling as "shameful" and "absolutely wrong." She questioned the message such a ruling sent to society, particularly regarding crimes against children.
"This is deeply shameful and absolutely wrong. What message do they want to give to society? That a young girl can be subjected to such horrific acts, and it still won't be considered rape?" she told reporters outside Parliament.
Vikas Pahwa, a senior counsel, stated that the allahabad High Court's view seemed to establish a troubling precedent by limiting the definition of what is considered a rape attempt.
"There is no place for personal views of a judge, and a judge must follow settled law and jurisprudence," senior advocate PK Dubey added, stating that such an observation was unjustified.
The case concerned two suspects, Pawan and Akash, who molested an 11-year-old girl in Kasganj, Uttar Pradesh, in 2021. The defendant tried to drag her beneath a culvert, snatched her breasts, and broke the strings of her pajamas. When onlookers stepped in, the attackers ran away.
In a case involving an attempted rape of a young girl in Uttar Pradesh, the allahabad High court has decided that the accused's alleged actions of gripping the victim's breasts and rupturing the waistband of her pajama do not amount to rape. It was an accusation of sexual assault, the court noted.
The supreme court was petitioned by the Public Interest Litigation (PIL) to order the removal of that contentious section of the march 17 ruling. The petition also asked the supreme court to publish rules that would stop justices from saying such divisive things in the future.
The supreme court, however, declined to consider the PIL on the subject.
The ruling rendered by the allahabad High court was widely condemned. Legal experts expressed regret over the assessment, urging judges to exercise caution and emphasizing how such remarks have eroded public trust in the system.
Senior advocate and supreme court Bar Association president kapil sibal responded, "God save this country with such judges adorning the Bench! The supreme court has been too soft in dealing with errant judges (sic)."
He posted that judges, especially those from the high courts, should refrain from making such statements, as it would "send the wrong message to society and cause people to lose faith in the judiciary."
"I am completely against this decision, and the supreme court should take serious note of it. Such a ruling has no place in a civilized society," Devi, the Union minister for women and Child Development, told the news agency PTI.
Rajya Sabha mp Swati Maliwal also slammed the ruling as "shameful" and "absolutely wrong." She questioned the message such a ruling sent to society, particularly regarding crimes against children.
"This is deeply shameful and absolutely wrong. What message do they want to give to society? That a young girl can be subjected to such horrific acts, and it still won't be considered rape?" she told reporters outside Parliament.
Vikas Pahwa, a senior counsel, stated that the allahabad High Court's view seemed to establish a troubling precedent by limiting the definition of what is considered a rape attempt.
"There is no place for personal views of a judge, and a judge must follow settled law and jurisprudence," senior advocate PK Dubey added, stating that such an observation was unjustified.
The case concerned two suspects, Pawan and Akash, who molested an 11-year-old girl in Kasganj, Uttar Pradesh, in 2021. The defendant tried to drag her beneath a culvert, snatched her breasts, and broke the strings of her pajamas. When onlookers stepped in, the attackers ran away.
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