Today, On 21st March, A minister strongly opposed the recent judgment by Justice Ram Manohar Narayan Mishra of the Allahabad High Court. The judge ruled in favor of two men accused of rape, stating that their actions did not amount to the crime. The minister called the decision a “wrong judgment,” expressing concern over its impact on justice for survivors. Many legal experts and activists have also raised questions about the ruling.
New Delhi: Union Minister for Women and Child Development Annpurna Devi has strongly criticized a recent judgment by the Allahabad High Court, which determined that grabbing a woman’s breast and snapping the string of her pyjama does not qualify as rape, but rather as assault with intent to disrobe.
In her reaction, Ms. Devi labeled the ruling as “wrong” and urged the Supreme Court to take notice of the issue. She cautioned that “such a judgment would send a wrong message to society.”
This statement follows an order from Justice Ram Manohar Narayan Mishra, who ruled in favor of two men challenging a lower court’s decision to summon them on rape charges.
Support for Ms. Devi’s stance has emerged from other women leaders, who are also calling for intervention from the Supreme Court.
MP from the Trinamool Congress, June Malia, remarked,
“It is quite disgusting the way there is a complete disregard of women by and large in the country, which we need to get over with,”
Swati Maliwal, former chief of the Delhi Commission for Women and AAP MP, expressed her dismay over the judgment, stating,
“I am very shocked at the comments made in the judgment. It is a very shameful scenario. How can the actions of those men not be considered an act amounting to rape? I don’t understand the logic behind this judgment. The Supreme Court needs to step in,”
The case dates back to November 10, 2021. According to the victim’s complaint, she and her 14-year-old daughter were returning home from her sister-in-law’s house when they were approached by three men from their village Pawan, Akash, and Ashok on a muddy road.
Pawan offered to give the victim’s daughter a ride home on his motorcycle, and the woman, trusting him, allowed her daughter to accompany him. However, during the trip, the accused allegedly assaulted her.
According to the victim’s complaint, Pawan and Akash groped her, and Akash attempted to drag her beneath a culvert. He also broke the string of her pyjama. The assault was interrupted when two passersby heard the victim’s cries for help. The accused then reportedly displayed a country-made pistol before fleeing the scene.
Following an investigation, a trial court summoned the accused under Section 376 of the IPC (rape) and other relevant charges. The accused challenged this order in the Allahabad High Court.
While reviewing the case, Justice Mishra noted that the actions of the accused did not amount to rape or even an attempt to rape.
He stated,
“In the present case, the allegation against accused Pawan and Akash is that they grabbed the breasts of the victim and Akash tried to bring down the lower garment of the victim, and for that purpose, they had broken the string of her lower garments and tried to drag her beneath the culvert, but due to the intervention of witnesses, they left the victim and fled away from the place of incident.”
Also Read: Allahabad HC Controversy: “Grabbing Breasts, Snapping Pyjama String Not Attempt to Rape!”
The judge further explained,
“This fact is not sufficient to draw an inference that the accused persons had determined to commit rape on the victim, as apart from these facts, no other act is attributed to them to further their alleged desire to commit rape on the victim.”
He concluded that the case did not meet the legal standard for an attempted rape, remarking,
“The difference between preparation and actual attempt to commit an offence consists chiefly in the greater degree of determination.”