Supreme Court Stays Allahabad HC Order on Rape Definition, Calls It ‘Insensitive’

The Supreme Court on Wednesday stayed the observations made in an order of the Allahabad High Court which said mere grabbing of the breast and pulling the string of a 'pyjama' do not amount to offence of rape.

A bench of Justices B R Gavai and Augustine George Masih observed it was pained to say that some of the observations made in the high court order depicted total insensitiveness and an inhuman approach.

The bench issued notice to the Centre, Uttar Pradesh government and others seeking their responses in the suo motu proceedings initiated over the high court's March 17 order.

The apex court has taken cognisance on its own of the controversial order.

The high court on March 17 ruled that mere grabbing of the breast and pulling the 'pyjama' string do not amount to offence of rape but such offence falls under the ambit of assault or use of criminal force against any woman with the intent to disrobe or compel her to be naked.

The order was passed by Justice Ram Manohar Narayan Mishra on a revision petition filed by two persons who moved the court, challenging the order of a special judge of Kasganj by which the court had summoned them under section 376 (rape) of the Indian Penal Code apart from other sections.