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Legal experts have emphasized the need for judicial caution and sensitivity in cases involving sexual violence, following the Allahabad High Court's observation certain acts of assault do not constitute rape or attempted rape.
Renowned Criminal Lawyer Vikas Pahwa raised concerns over the HC's observations, and warned, "This sends a troubling signal to the entire criminal justice system, creating doubt about the assurance that offenders will face punishment for their actions." Pahwa emphasized the critical role of courts, particularly the High Courts and the Supreme Court, in setting legal precedents and shaping the interpretation of law in a way that upholds justice. He noted that cases involving sexual violence require a heightened responsibility and urged judges to be cautious while formulating judgments. "Such remarks have the potential to erode public confidence in the judicial process, especially in cases that demand empathy and a firm stance against gender-based violence. A more nuanced approach is needed to ensure justice without unintentionally undermining the survivors' rights and dignity," Pahwa said. Former Additional Solicitor General and Senior Advocate Pinky Anand also expressed her dismay over the court's ruling. "While the absence of penetration might raise questions about the charge of rape, the act undoubtedly qualifies as an attempt to rape. I fail to comprehend how such an order could be passed, effectively turning the entire situation into a travesty of justice," Anand said. She further emphasized the gravity of the issue, saying, "It is deeply agonizing that we are even compelled to debate such matters. Our stance must be unequivocal--we cannot and will not tolerate such heinous offences being dismissed in this manner." The Allahabad HC recently ruled that actions such as grabbing a minor girl's breasts, breaking her pyjama strings, and attempting to drag her beneath a culvert do not constitute the offence of rape or attempted rape. Instead, the Court categorized these acts as aggravated sexual assault. In its judgment, delivered on March 17, the Allahabad HC revised a previous summoning order, modifying the charges against the two accused. Initially, the accused had been summoned to stand trial under Section 376 of the IPC (rape) and the Protection of Children from Sexual Offences (POCSO) Act, 2012. However, the charges were altered, and the accused will now face trial under: Section 354(B) of the IPC - assault or use of criminal force with the intent to disrobe, and also under relevant sections of the POCSO Act - for aggravated sexual assault. (ANI)
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