Supreme Court Stays Controversial Allahabad High Court Ruling, Cites Insensitivity

The Supreme Court has stayed an Allahabad High Court ruling that stated certain acts against a minor didn't constitute rape or attempt to rape. Criticizing the lack of sensitivity, the apex court took suo motu cognizance following concerns raised by a senior advocate, highlighting significant legal insensitivity.

The Supreme Court intervened on Wednesday to stay a contentious ruling by the Allahabad High Court, which declared that actions committed against a minor girl, including grabbing her breasts, breaking her pyjama, and attempting to drag her under a culvert, did not amount to rape or attempted rape. The Apex Court criticized the judgement for its 'lack of sensitivity'.

Justices BR Gavai and Augustine George Masih voiced their concerns, describing the judgement as 'a serious matter' demonstrating 'total insensitiveness' by the Allahabad High Court judge. This intervention came after senior advocate Shobha Gupta brought the March 17 ruling to the attention of the Chief Justice of India through her organization 'We the Women of India'.

The Supreme Court expressed its difficulty in addressing the ruling, which was delivered four months after being reserved, indicating deliberate consideration. Finding the High Court's observations legally unsound and inhumane, the apex court has stayed specific paragraphs of the order. A notice has been issued to the Centre, the Uttar Pradesh government, and relevant parties, with a hearing scheduled in two weeks.