The Supreme Court’s recent decision to stay the Allahabad High Court’s order in a minor rape case has sent a strong message about the importance of sensitivity and justice in India’s judicial system. The case, which involved two men accused of grabbing an 11-year-old girl’s breasts and attempting to drag her beneath a culvert, had sparked widespread outrage after the Allahabad High Court ruled that the acts did not constitute rape or attempted rape ¹.
The Controversial Order
The Allahabad High Court’s order, which was passed on March 17, had downgraded the charges against the two accused from rape (Section 376 IPC) and attempted penetrative sexual assault (Section 18 of the POCSO Act) to assault charges (Section 354-B IPC) and Sections 9/10 of the POCSO Act (aggravated sexual assault). The court had observed that the acts alleged against the accused did not show a clear intention to commit rape ¹.
The Supreme Court’s Intervention
The Supreme Court’s decision to stay the Allahabad High Court’s order was made after an organization called “We the Women of India” brought the judgment to the court’s notice. The court, comprising Justices BR Gavai and Augustine George Masih, observed that the Allahabad High Court’s order showed a “total lack of sensitivity” and was “unknown to the canons of law and shows an inhuman approach” ¹.
A Victory for Sensitivity and Justice
The Supreme Court’s decision to stay the Allahabad High Court’s order is a significant victory for sensitivity and justice in India. The order sends a strong message that the judiciary will not tolerate insensitive and inhuman decisions, especially in cases involving violence against women and children.
The Way Forward
The Supreme Court’s decision to seek responses from the Central government and the Uttar Pradesh government on the matter is a welcome step. The court’s decision to tag the appeal moved by the mother of the child-victim with the suo motu case and hear them together is also a positive development.
Conclusion
The Supreme Court’s decision to stay the Allahabad High Court’s order in the minor rape case is a significant step towards ensuring that justice is served in a sensitive and humane manner. The order sends a strong message that the judiciary will not tolerate insensitive and inhuman decisions, especially in cases involving violence against women and children.