The Supreme Court of India has stayed an ‘insensitive’ order by the Allahabad High Court in a recent child abuse case. Controversy had erupted earlier this week after the HC ruled that ‘grabbing a minor’s breasts, breaking the string of her pajamas and attempting to drag her beneath a culvert’ was not tantamount to rape. The apex court has also issued a notice to the Central and State governments in connection with the matter.
“We are at pains to state that it shows total lack of sensitivity on part of the author of the judgment. It (the order by High Court) was not even at the spur of the moment and was delivered four months after reserving the same. Thus, there was application of mind,” Bar & Bench quoted the Court as saying.
A Bench of Justices BR Gavai and Augustine George Masih also contended that several observations within the verdict were “unknown to cannons of law and showed inhuman approach”. Solicitor General Tushar Mehta also called for the Chief justice of Allahabad HC to “take some steps” as the master of roster.
The update also comes mere days after another Supreme Court Bench — comprising of Justices Bela Trivedi and Prasanna B Varale — declined to entertain a PIL against the verdict.
What is the case?
The Allahabad High Court made waves last week after modifying a summoning order and altering the rape charges against two accused individuals. Justice Ram Manohar Narayan Mishra observed that actions such as grabbing the child’s breasts, breaking the string of her pajamas and attempting to drag her beneath a culvert did not constitute the offence of rape or attempt to rape.
The Court also altered the charges against the accused — initially summoned to stand trial under Secion 376 of the IPC which pertains to rape and Section 18 of the POCSO act. This was subsequently modified to try the accused under the lesser charge of Section 354-B IPC (assault or use of criminal force with intent to disrobe), along with Sections 9/10 of the POCSO Act (aggravated sexual assault).