The case refers to the assault on a minor by two men who were charged under Section 376 of the IPC (rape) and Section 18 of the Pocso Act
The Supreme Court’s order staying the Allahabad high court’s observation that grabbing a woman’s breasts and breaking the drawstring of her pyjamas do not constitute an “attempt to rape” comes as a much-required relief to law-abiding people. The court calling those observations “totally unknown to canons of law and depict[ing] a total insensitive and inhuman approach” offers a framework for a much-needed course correction for the men and women on the bench who have proved that there is no limit to insensitivity when it comes to sexual assault on women.
The case refers to the assault on a minor by two men who were charged under Section 376 of the IPC (rape) and Section 18 of the Pocso Act. The Allahabad high court, by its weird interpretation of the incident, ordered that they need to be tried under Section 354-B of the IPC (assault or use of criminal force with intent to disrobe) along with Sections 9/10 of the Pocso Act (aggravated sexual assault).
While the guilt of the accused can be ascertained only in the trial, the right interpretation, appreciation and assessment of the situation are the responsibility of the court; and the victim has a right to receive such an approach from the court. If, instead, the court looks the other way and comes up with interpretations that do not square with the situation on the ground, it is a disservice not just to the victim but to the very process of administration of justice.
The sad part of the story is that Allahabad high court’s insensitive and inhuman observation and the apex court’s correction are not a rare exception; this keeps repeating with alarming frequency. The Supreme Court has time and again reminded the lower court about the standards on which they should be dealing with sexual offences but to no avail. That we as a society need to remind ourselves of the need to be respectful to women is understandable, but that we need to sensitise the honourable judges as to its importance is unacceptable.
