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Allahabad High Court Ruling on Assault Case Faces Widespread Criticism

The court's decision that grabbing a woman's breasts and snapping her pyjama string does not constitute rape has drawn condemnation from political leaders and activists, with calls for Supreme Court intervention.

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Union minister Annapurna Devi and several other politicians slammed the Allahabad high court for an 'insensitive' rape ruling
Union minister for women and child development (WCD) Annpurna Devi on Friday urged the Supreme Court to intervene in the Allahabad high court judge’s controversial verdict on what constitutes as an attempt to rape (ANI)
The petitioner counsel argued that no offence under Section 376 of the IPC was committed even if the complaint version is taken on its face value and that the case does not go beyond the extent of Section 354, 354(b) of the IPC, and relevant provisions of the Pocso Act. (Pic for representation)

Overview

  • The Allahabad High Court ruled that the actions of two men who assaulted an 11-year-old girl in 2021 do not meet the legal threshold for rape or an attempt to rape.
  • Justice Ram Manohar Narayan Mishra categorized the acts as assault with intent to disrobe, citing a distinction between preparation and actual attempt to commit rape.
  • Union Minister Annapurna Devi condemned the ruling as 'wrong' and urged the Supreme Court to review the judgment to prevent societal harm.
  • Prominent figures, including Swati Maliwal and D Raja, criticized the decision as insensitive and harmful, calling for judicial reforms to address patriarchal biases in the legal system.
  • The case has intensified debates on judicial sensitivity, survivor-centric interpretations of sexual violence laws, and the need for Supreme Court intervention.