A Lucknow High Court judge said that grabbing breasts and breaking pyjamas is not enough to call it rape. This decision has angered people across the country. Senior lawyer Kapil Sibal criticized the ruling, saying, “With such judges adorning the Bench, God save this country!” He also blamed the Supreme Court for not taking strict action against such judges. Many legal experts and activists believe this kind of judgment makes the fight against sexual violence weaker.
A recent judgment by the Lucknow Bench of the High Court ignited controversy, with the court ruling that acts like “grabbing breasts” or “breaking strings of pyjamas” are insufficient to constitute rape.
This decision created widespread outrage, with critics arguing that such leniency undermines justice for survivors.
In response Kapil Sibal remarked,
“With such judges adorning the Bench, God save this country!”
He further criticized the judiciary, stating,
“The Supreme Court has been too soft in dealing with errant judges!”
Also Read: Allahabad HC Controversy: “Grabbing Breasts, Snapping Pyjama String Not Attempt to Rape!”
Further, senior advocate Shobha Gupta has penned a letter to the Chief Justice of India (CJI), urging him to take suo motu cognizance of the issue.
Gupta expressed that this ruling has profoundly unsettled her understanding of the law and left her feeling broken after reading news reports about it. She urged the CJI to address the matter from both an administrative and judicial standpoint.
In her letter, Gupta stated that “the judge’s interpretation is completely incorrect and demonstrates an insensitive and irresponsible approach to the issue.
She highlighted that such a ruling conveys a deeply problematic message to a society already grappling with increasing sexual offences against women.
Gupta emphasized that she is writing with “deep distress and concern” as a senior advocate in the Supreme Court, as a woman, and on behalf of the organization We the Women of India.
The Judgement emerged from the case that involved Pawan and Akash, who were accused of assaulting an 11-year-old girl in Kasganj, Uttar Pradesh, by grabbing her breasts, breaking her pyjama string, and attempting to drag her under a culvert.
The accused fled the scene after being interrupted by passers-by.
The incident, which occurred in 2021, began when the accused offered the child a lift. Initially, the Kasganj trial court had directed that Pawan and Akash face charges under Section 376 of the Indian Penal Code for rape and Section 18 of the POCSO Act.
However, a bench led by Justice Ram Manohar Narayan Mishra of the Allahabad High Court ruled that the accused should be tried under 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).
At this point, only a prima facie case needs to be established for the accused to stand trial. The judge concluded that there was no evidence suggesting that the accused were determined to commit rape.