New Delhi: A recent ruling by the Allahabad High Court has ignited a firestorm of controversy, as it determined that grabbing a woman’s breasts and breaking her pyjama strings does not constitute rape or attempted rape. This judgment has been met with fierce criticism from Union Minister Annpurna Devi and other prominent leaders, who are urging the Supreme Court to intervene. The case, involving two men accused of assaulting an 11-year-old girl in Uttar Pradesh, highlights deep concerns over the judicial thresholds for sexual offenses and the protection of children.
The Allahabad High Court’s decision hinges on the distinction between preparation and attempt in criminal law. According to the court, the actions of the accused, Pawan and Akash, were deemed a stage of preparation rather than an attempt to commit rape. This ruling was made despite the serious nature of the alleged assault, which included grabbing the victim’s breasts and attempting to disrobe her by breaking her pyjama strings.
The incident occurred in Kasganj, Uttar Pradesh, and involved an 11-year-old girl. The accused allegedly assaulted her and attempted to drag her beneath a culvert before fleeing due to the intervention of witnesses. The case was initially filed under charges of rape, but the High Court modified these charges to lesser offenses under the Indian Penal Code (IPC) and the Protection of Children from Sexual Offences (POCSO) Act.
The judgment has been widely criticized by women leaders and jurists, who argue that it undermines the seriousness of sexual offenses and sends a wrong message to society. Union Minister Annpurna Devi has condemned the ruling, emphasizing the need for Supreme Court intervention to address the perceived injustice. This case has reignited debates over child protection laws and the standards used by courts to determine sexual offenses.
