A recent comment by the Allahabad High Court has launched a debate across the country. In a case associated with Kasganj district of UP, a bench of Justice Ram Manohar Narayan Mishra said that it cannot be considered to be raped or tried to rape a minor girl’s breasts, break the pulse of her pajamas and to draw under the culvert. This comment comes under the purview of sexual harassment, not the attempt to rape. As soon as this decision came to light, sharp reactions started on social media, where people questioned the judiciary’s approach.
What was the matter?
The case is from Patiali police station in Kasganj, where two accused – Pawan and Akash – were accused of sexual harassment and attempt to rape a 11 -year -old girl. The trial court found that the case is of rape attempt and ordered the case to be run under Section 376 of the Indian Penal Code (IPC) and Section 18 of the POCSO Act.
What happened in the incident?
- Akash broke the pulse of the girl’s pajamas.
- Tried to pull him under the culvert.
- Passengers came in the middle and stopped the incident, which led the accused to flee.
High Court’s controversial comment
Justice Ram Manohar Narayan Mishra said during the hearing of the revision petition:
“Just breaking the pulse or trying to pull under the culvert does not fall under the category of rape attempt. The prosecution could not prove that the incident had moved beyond the preparation stage.”
The court said that:
- There is no evidence of the victim being naked.
- No sexual rape attempt was proved.
- In such a situation, there is no case of rape attempt.
After this, the court reduced the seriousness of the case and framed minor charges under Section 354-B of IPC and Section 9/10 of POCSO Act.
Anger on social media: ‘Is this justice?’
As soon as the verdict came to light, there was an influx of criticism on social media. Users called it “against the dignity of women”, “fizzle on the safety of girls” and “promoting rapists”.
Some sharp reactions:
- “If this girl had been of a judge or officer, the court would have said the same?”
- “Why is it so closely discovered in giving justice to the poor?”
- “This decision will encourage the criminals, does the court not understand its effect?”
Political response: Congress targeted
Congress spokesperson Supriya Srinet wrote condemning the court’s comment:
“The law which is made to protect women, if there is such an approach, then whom should women expect?”
What is the interpretation of law?
Section 376 of the IPC in India and Section 376/511 is associated with the attempt of rape. At the same time, the POCSO Act gives strict provision for sexual offenses with minors. Law experts say that ignoring the severity of sexual harassment is contrary to the sense of justice.
Struggle of justice and morality
This entire episode has raised a big question: Has such a high wall of legal standards to hear the voice of the victims in India has arisen that the spirit of justice should be left behind?
This is not just a matter of a child, but a question related to the safety of millions of daughters who are sitting on the basis of justice.
