Lagatar24 Desk
New Delhi: Union Minister for Women and Child Development Annpurna Devi has come out strongly against the Allahabad High Court’s controversial ruling that grabbing a woman’s breast and breaking the string of her pyjama does not constitute rape, but rather qualifies as assault with intent to disrobe.
Calling the judgment “wrong” and “alarming”, the Minister urged the Supreme Court to intervene, stressing that the verdict “sends a wrong message to society.”
The case, which stems from a 2021 incident in Uttar Pradesh, involved three men allegedly assaulting a woman and her minor daughter on a village path. Two of the accused, Pawan and Akash, reportedly grabbed the victim’s breast, broke the string of her pyjama, and attempted to drag her under a culvert — a sequence of events the trial court considered serious enough to summon them under rape charges (Section 376 IPC).
Court’s Observation Sparks Outrage
However, Justice Ram Manohar Narayan Mishra of the Allahabad High Court ruled that these actions did not amount to rape or even an attempt to rape, stating that “the determination to commit rape was not established.” The judge held that “preparation and attempt are legally distinct,” and the evidence fell short of qualifying as attempted rape.
This interpretation sparked widespread backlash.
“How can such acts not be considered an attempt to rape?” asked Swati Maliwal, AAP MP and former Delhi Commission for Women chief.
Trinamool MP June Malia called the ruling “disgusting and shameful,” highlighting a continued “disregard for women”in the country.
Leaders Demand Action, Accountability
Women leaders from across the political spectrum condemned the judgment, urging the Supreme Court to step in and correct the narrative. They also stressed the urgency of judicial sensitivity in handling cases of sexual violence.
“When the law appears to dilute such serious acts, it discourages survivors and emboldens offenders,” said a senior advocate requesting anonymity.
Annpurna Devi reiterated that legal interpretations must evolve in alignment with the spirit of protecting women and ensuring justice.
Background of the Case
The victim and her daughter were returning from a relative’s home when the assault occurred. The complaint states that Akash and Pawan assaulted the woman, with Akash attempting to drag her to an isolated spot, while another accused, Ashok, allegedly facilitated the attack.
Eyewitnesses intervened, after which the accused fled. They were initially summoned under charges including rape, but challenged the order in the High Court, which then led to the controversial judgment.
