Insensitive: Supreme Court pauses 'grabbing breasts not rape' order

Underlining a "total lack of sensitivity", the Supreme Court today paused the Allahabad High Court ruling in a child abuse case, in which the judge had observed that the grabbing of breast and pulling the string of a pyjama don't amount to a rape attempt. The bench of Justice BR Gavai and Justice Augustine George Masih said it was pained to see some observations in the verdict and sought replies from the Centre and the Uttar Pradesh governments on the matter.

The top court noted that the verdict was not at the spur of the moment and there was an application of mind as it was delivered four months after reserving the judgment. "We are usually hesitant to grant a stay at this stage. But since the observations in para 21, 24 and 26 are unknown to cannons of law and show an inhuman approach, we stay the observations," the Supreme Court said. Interestingly, another Supreme Court bench refused to entertain a PIL filed against the controversial court order on March 24.

The Allahabad High Court's order came while it was hearing a plea by two people who were summoned by a trial court on rape charges. The accused, Pawan and Akash, allegedly grabbed the breasts of an 11-year-old girl. One of them broke the string of her pyjama and attempted to drag her beneath a culvert.

Justice Ram Manohar Narayan Mishra ruled that mere grabbing of the breast doesn't constitute rape, but such an offence falls under the ambit of assault or use of criminal force against any woman with the intent to disrobe or compel her to be naked. The High Court ruled that the duo should be tried under assault charges along with sections 9/10 of the POCSO Act (aggravated sexual assault) - which attract lesser penalties if convicted.