New Delhi, March 26, 2025 — The Supreme Court has intervened to stay specific observations made by the Allahabad High Court in a recent judgment concerning sexual assault. The High Court had opined that actions such as “grabbing the breast” and “pulling the string of a pyjama” do not constitute rape or an attempt to rape. This stance prompted the Supreme Court to take suo motu cognizance, reflecting concerns over the sensitivity of such remarks.Deccan HeraldIndia Today+4www.ndtv.com+4Deccan Herald+4
Supreme Court’s Response
A bench comprising Justice BR Gavai and Justice Augustine George Masih expressed dismay over the language used in the High Court’s decision, highlighting a “total lack of sensitivity” in addressing matters of sexual assault. The Supreme Court has stayed paragraphs 24, 25, and 26 of the High Court’s order, which contained the contentious observations. www.ndtv.com
Background of the High Court’s Ruling
On March 17, 2025, the Allahabad High Court ruled that certain actions, specifically “grabbing of the breast” and “pulling the pyjama string,” do not amount to rape or an attempt to rape. Instead, the court categorized these actions under assault or use of criminal force with intent to disrobe. India Today+4www.ndtv.com+4Rediff+4Rediff+1www.ndtv.com+1
Legal Community’s Reaction
The High Court’s observations have been met with criticism from legal experts and women’s rights advocates, who argue that such remarks undermine the gravity of sexual offenses and may deter survivors from seeking justice. The Supreme Court’s decision to stay these observations is seen as a corrective measure to uphold the sensitivity required in adjudicating cases of sexual assault.
Next Steps
The Supreme Court has sought responses from both the Central and Uttar Pradesh governments regarding the High Court’s observations. This move indicates the apex court’s commitment to ensuring that judicial pronouncements on sensitive issues like sexual assault are handled with the utmost care and respect for survivors’ experiences.
