The Supreme Court of India has delivered a crucial judgment, clarifying that pulling a woman’s clothes or touching her inappropriately constitutes an “Attempt to Rape.” This ruling effectively overturns a controversial decision by the Allahabad High Court, which had previously claimed such acts did not amount to attempted rape. The apex court took up the case suo motu (on its own motion) after the lower court’s comments sparked a nationwide outcry, with many arguing that such lenient interpretations sent a dangerous message to society and undermined the dignity of women.
The case dates back nearly 15 years to an incident in Uttar Pradesh where two young men lured an 11-year-old girl under a culvert and behaved obscenely. While a POCSO case was filed, the Allahabad High Court judge had controversially quashed the serious charges, stating that mere touching or pulling of clothes could not be viewed as an attempt to rape. The Supreme Court bench, led by Chief Justice Surya Kant, slammed these remarks as “inhumane” and emphasized that such actions fall squarely under the definition of a serious sexual offense, thereby restoring the gravity of the charges against the accused.
In a broader message to the judiciary, the Supreme Court emphasized that judges must handle sensitive cases involving sexual crimes with compassion and empathy. The bench noted that justice cannot be served if the actual hardships and mental trauma faced by survivors are ignored in favor of rigid technicalities. The Chief Justice remarked that the legal process should reflect values of humanity and understanding, asserting that compassion and mercy are the two pillars without which the judicial system cannot properly fulfill its duty to the citizens of the country.
