Supreme Court stays ‘insensitive, inhuman’ remarks by Allahabad High Court on rape

Supreme Court stays insensitive Allahabad High Court order on attempt to rape case, deeming it inhuman and insensitive.

The Supreme Court on Wednesday (March 26, 2025) stayed an Allahabad High Court order of March 17, which concluded that “mere” grabbing the breasts of a minor victim, breaking the string of her pyjama to “bring down” her lower garment are not sufficient to constitute an offence of attempt to rape.

A day after the Supreme Court took suo motu cognisance of the order, a Bench headed by Justice B.R. Gavai said the observations made by a Single Judge Bench of Justice Ram Manohar Narayan Mishra of the High Court was “totally insensitive, inhuman” and “unknown to the tenets of law”.

Justice Gavai pointed out that certain paragraphs of the order, which graphically recounted the trauma endured by the minor victim at the hands of the two accused persons only to conclude their actions did not show any determination on the part of duo to rape her showed a “complete lack of sensitivity”.

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The Bench said what made it worse was the order was not dictated by the judge on the spur of the moment. The case was reserved for orders in November 2024. The order passed on March 17, almost four months later, was, even according to Justice Mishra, after “thoughtful consideration and meticulous examination of the facts of the case”.

The apex court was assisted by Attorney General of India R. Venkataramani and Solicitor General Tushar Mehta, who urged the Bench to examine the suo motu case with great care.

The court issued notice to the Union government and the State of Uttar Pradesh. The mother of the minor victim involved was given liberty to implead herself in the case.