The Supreme Court on Wednesday put a hold on the Allahabad High Court’s ruling in a child abuse case, calling it "insensitive." The High Court had said that "grabbing a child’s breast and pulling the pyjama string does not count as a rape attempt."

A bench of Justice BR Gavai and Justice Augustine George Masih said they were deeply concerned about some remarks in the verdict. The court has asked for responses from the Centre and the Uttar Pradesh government.

The Supreme Court strongly criticized the Allahabad High Court’s judgment in a child abuse case, calling it "totally insensitive." The bench, led by Justice BR Gavai and Justice Augustine George Masih, pointed out that the ruling was delivered four months after being reserved, meaning it was not a hasty decision but a well-thought-out one.

"We are pained to state that this judgment shows a total lack of sensitivity. The observations in paragraphs 21, 24, and 26 are against legal principles and display an inhuman approach. We are staying these remarks," the court said.

Solicitor General Tushar Mehta agreed with the bench, acknowledging that some judgments require immediate intervention. Justice Gavai further added, "This is a serious matter. The judge showed total insensitivity, and we regret having to use such strong words."

The Supreme Court took up the case on its own after the group 'We the Women of India' raised concerns over an Allahabad High Court ruling in a child abuse case. The victim’s mother also filed an appeal, which has been linked to the case.

The ruling, given by Justice Ram Manohar Narayan Mishra on March 17, said that grabbing a victim’s breast, pulling the string of her pyjama, and attempting to drag her away was not enough to prove an intent to commit rape.

This decision sparked criticism for being insensitive and legally flawed. The Supreme Court has paused these remarks and asked for responses from the Centre and the Uttar Pradesh government.

The victim’s mother alleged that the accused offered her daughter a lift home but later stopped on a muddy road, where they groped her, tried to drag her beneath a culvert, and broke the string of her pyjama. Two witnesses, Satish and Bhurey, heard her cries and rushed to help, but the accused threatened them with a gun and fled.

The lower court had summoned the accused under IPC Section 376 (rape) and Section 18 of the POCSO Act. However, the Allahabad High Court overturned this, stating that an attempt to rape must go beyond mere preparation, sparking public outrage.

Critics, including senior jurist Indira Jaising, slammed the ruling, questioning if forcibly undressing a girl does not count as attempted rape, then what does?

The Supreme Court has now stayed the high court’s observations and sought a response from the Central government. Advocate Rachna Tyagi, representing the victim’s mother, welcomed the move, calling it a major step toward justice.

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