New Delhi: Union Minister for Women and Child Development, Annpurna Devi, has strongly condemned a recent judgment by the Allahabad High Court, which ruled that grabbing a woman’s breast and snapping the string of her pyjama does not constitute rape but falls under assault with intent to disrobe.
Reacting to the ruling, Ms. Devi termed it “wrong” and urged the Supreme Court to take immediate notice, warning that such a judgment would “send a wrong message to society.”
Her remarks were in response to an order by Justice Ram Manohar Narayan Mishra, who ruled in favor of two men accused of sexual assault, overturning a lower court’s decision to charge them with rape.
The ruling has sparked widespread outrage, with several women leaders demanding Supreme Court intervention.
“This is quite disgusting. The disregard for women in this country needs to end,” said Trinamool Congress MP June Malia.
“Very unfortunate and shocking. I don’t understand the logic behind this judgment. The Supreme Court must step in,” said Swati Maliwal, AAP MP and former chief of the Delhi Commission for Women.
Case Background
The case dates back to November 10, 2021. According to the victim’s complaint, she and her 14-year-old daughter were returning home when three men—Pawan, Akash, and Ashok—approached them.
Pawan offered to drop the victim’s daughter home on his motorcycle, and she agreed. However, on the way, the accused stopped and allegedly assaulted her.
The complaint states that Pawan and Akash grabbed the woman’s breasts, and Akash tried to drag her beneath a culvert while breaking the string of her pyjama. The assault was interrupted when two people arrived at the scene after hearing her cries for help. The accused then reportedly brandished a country-made pistol and fled.
A trial court had summoned the accused under Section 376 of the IPC (rape), but they challenged the order in the Allahabad High Court.
Controversial Judgment
Justice Mishra, while reviewing the case, ruled that the accused had not demonstrated a clear intent to commit rape.
The court stated:
“Grabbing breasts and attempting to remove lower garments is not sufficient to infer an intent to commit rape, as no further act was attributed to them.”
The judgment further noted the difference between “preparation” and “actual attempt” to commit a crime, concluding that the incident did not meet the legal threshold for attempted rape.
The ruling has sparked heated debates about judicial interpretation of sexual violence laws and the need for a more victim-centric approach. Calls for Supreme Court intervention are growing, with activists and leaders insisting that justice be served.
