SC Overrules Allahabad HC’s “Insensitive, Inhuman” Verdict on Attempt to Rape Case

The Supreme Court on Wednesday suspended the controversial March 17 judgment by the Allahabad High Court on the legal definition of attempted rape.

Severely denouncing the judgment as "insensitive and inhuman," the top court also directed the chief justice of the high court to take "appropriate steps" against the judge who delivered the verdict.

The bench of Justices Bhushan R Gavai and A.G. Masih was highly critical of the order written by Justice Ram Manohar Narayan Mishra, holding it to be a breach of basic legal canons and a "complete lack of sensitivity." The Supreme Court took suo motu cognizance of the matter on Tuesday after reading a letter from senior lawyer Shobha Gupta requesting intervention.

Justice Mishra's decision had drawn countrywide criticism, as he held that molestation of a girl aged just 11 on her chest when she was sitting in a lift, snapping her pyjama strings, dragging her to beneath a culvert, did not amount to attempted rape legally.

In the course of proceedings on Wednesday, the Supreme Court expressed its position quite categorically, decrying Justice Mishra's logic. "This is a very serious issue and shows a total lack of sensitivity on the part of the judge. We are pained to have to use such stern words against a constitutional court judge, but this case calls for it," the bench noted.

Solicitor General Tushar Mehta reflected similar worries, stressing the need for a stay at the earliest. "Some judgments need immediate intervention, and this is definitely one such judgment. I strongly object to this judgment. The chief justice of the high court has to intervene in this case," he said.

The Supreme Court later stayed the judgement, pointing towards certain paragraphs—21, 22, and 26—where the insensitivity of the judge was best reflected. The bench pointed out that the judgment was not pronounced in a hurry, as it had been reserved in November and pronounced only four months later. This, the court added, showed that the judge had thought over the order before pronouncing it. "These parts of the judgment violate legal principles and show an absolutely inhuman and insensitive approach," the order said.

Realizing the seriousness of the issue, the Supreme Court ordered its stay order to be immediately sent to the registrar general of the Allahabad High Court, requesting the chief justice to review the situation and take suitable action.

The apex court also issued notices to the Union government, the state government of Uttar Pradesh, and the Allahabad High Court, with the next hearing fixed in four weeks.

The Rights for Children Alliance, the petitioner that had moved a special leave petition (SLP) against the ruling of the high court, was also made a party to the proceedings. In the meantime, a lawyer for the minor survivor's mother approached the court, which allowed her to move an impleadment application.

The case came from a revision petition that was filed by two of the three accused, Pawan and Akash, in response to a Kasganj trial court's order issuing a summons against them under Section 376 (rape) of the Indian Penal Code (IPC) and other counts. As per the prosecution, on November 10, 2021, the three accused—Pawan, Akash, and Ashok—supposedly raped their 11-year-old neighbour after offering to drop her back home on a motorcycle. The prosecution had argued that the accused had stopped the car, physically touched the girl, pushed her into a culvert, and pulled apart the strings of her pyjama.

But Justice Mishra held that the act did not amount to attempt to rape under Section 376 of IPC. Instead, he recast the charges, holding that the accused would have to face trial under Section 354(B) of IPC (assault or criminal force with intent to strip) and Section 9 of the POCSO Act (aggravated sexual assault). The decision held that an attempt at rape needed a greater level of "determination" than what was on offer in this case.

This verdict attracted instant condemnation from legal experts, activists, and politicians. Union Minister for Women and Child Development, Annapurna Devi, criticized the judgment as "unacceptable" and said that "such judgments have no place in a civilized society," urging intervention by the Supreme Court.

Shiv Sena (UBT) Lok Sabha MP Priyanka Chaturvedi also came strong, writing to Chief Justice of India Sanjiv Khanna and Union Law Minister Arjun Ram Meghwal, urging Justice Mishra to be divested of his judicial duties. She termed the verdict as "flawed" and argued that it lightened sexual assault, creating a perilous precedence.

Senior lawyer Shobha Gupta, in her letter to the Chief Justice of India on March 20, labeled the judgment an "insensitive and irresponsible" ruling that diluted the judiciary's role in defending survivors of sexual assault. She called for the Supreme Court to take disciplinary action and suggested recalling Justice Mishra from the criminal bench until further examination.

This case has once again sparked debates about gender sensitivity in judicial decisions. The Supreme Court, in a historic 2021 judgment, had already stressed the role of judicial sensitivity in sexual crime cases.

The judgment had cautioned against the use of words or logic that minimized the experience of survivors or legalized crimes such as harassment and stalking. The court had also instructed the National Judicial Academy to incorporate gender sensitization courses into judicial training.

With the Supreme Court now intervening and suspending the Allahabad High Court judgment, the spotlight will be on the chief justice of the high court to watch if any action is taken to correct Justice Mishra.