A letter to the Chief Justice of India (CJI) urged the immediate removal of a judge who stated that grabbing a woman’s breast is not enough to constitute a rape allegation. The remark created nationwide outrage, with activists and legal experts condemning it as a dangerous precedent. Critics argue that such statements undermine the seriousness of sexual assault cases and violate the spirit of justice. The controversy has intensified calls for judicial accountability and gender-sensitive legal interpretations.
A recent remark from the Allahabad High Court ignited controversy, as the court asserted that “Touching a victim’s breast or attempting to remove clothes cannot be considered the offense of rape, though it may be termed as sexual harassment.”
In response, 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.
Also Read: Allahabad HC Controversy: “Grabbing Breasts, Snapping Pyjama String Not Attempt to Rape!”
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.
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