The Supreme Court strongly commented on the decision of Patna High Court that ‘grasping breasts is not an attempt to rape’. Big questions were raised on the sensitivity of judges, sexual offenses law and judicial accountability.
New Delhi: The country’s largest court has once again attacked the conservative and insensitive thinking within the judiciary. Taking a very strict stance on the recent decisions of Patna High Court and Allahabad High Court, the Supreme Court has given strict instructions to the judges to be sensitive towards their responsibilities and legal research. This displeasure of the Supreme Court came out openly when the courts tried to undermine the definition of heinous sexual crimes against women by getting it entangled in technical details.
Is removing the salwar and pressing the chest not an ‘attempt to rape’?
The entire controversy deepened when Justice Purnendu Singh of Patna High Court canceled the ‘Attempt to Rape’ conviction of an accused. The High Court commented in its decision that trying to remove a woman’s salwar and pressing her chest is not enough to prove attempted rape. The court believed that these acts could only be categorized under the ambit of outraging the modesty of a woman (IPC 354) and not under the serious crime of attempt to rape (IPC 376/511), which carries a very stringent and lengthy punishment. This argument of the High Court surprised the lawmakers and women’s rights activists across the country.
That studio scandal of 2008: The horrifying tale of the closed room
This sensational case is of the year 2008, when a young girl had gone to a photography studio in Amarpur with her father. According to the allegation, after the photo was clicked, the studio owner slyly sent the girl’s father out on the pretext of viewing the photo on the computer. Immediately after this, the accused closed the door from inside and started forcing himself on the girl. When the father ran towards the door after hearing the screams of the girl, the accused ran away from there. The lower court had found the accused guilty of attempted rape on the basis of evidence, but the High Court reduced the punishment citing lack of medical evidence and no direct evidence of attempted ‘penetration’.
Supreme Court expressed serious displeasure
During the hearing, senior advocate Shobha Gupta drew the attention of the Supreme Court towards this order of Patna High Court. He said that such comments keep coming to the fore from time to time and they raise serious questions on judicial sensitivity. On this, the Supreme Court asked whether the Patna High Court had taken cognizance of the instructions given by the Supreme Court in the case related to Allahabad High Court, in which the judges needed to be more sensitive in cases of sexual crimes. The Chief Justice of India (CJI) also commented that it is the responsibility of judges to study the judicial guidelines and research available in such cases. He also expressed his displeasure over the role of the court staff.
Supreme Court’s sharp rebuke: “Are judges not doing any research?”
When the matter came up before the Supreme Court, a bench of Chief Justice of India (CJI) Surya Kant and Justice V. Mohana took strong objection to it. Citing a similar old decision of the Allahabad High Court (in which pulling the string of pajamas and holding the breast was not considered an attempt to rape), the court expressed its displeasure. The Chief Justice said in a stern tone that it is the basic responsibility of the judges to do proper legal research before writing judgments on sensitive issues. “The staff is doing nothing,” he commented scathingly.
Why did the High Court change the decision of the trial court?
While hearing the appeal, Patna High Court said that there is no medical evidence on record which could prove the necessary elements for attempted rape. The court also held that the investigation officer did not testify on behalf of the prosecution and the case was based primarily on the statements of the victim and her parents. Under these circumstances, the High Court canceled the punishment for attempted rape, but retained the crime of violating the modesty of a woman.
New instructions for all courts and police stations of the country
Considering the seriousness of this matter, the Supreme Court has taken a big and historic corrective step. The apex court has directed that the special report prepared by the ‘National Judicial Academy Committee’ on the sensitivity of judges in cases of sexual offenses should be immediately uploaded on the official websites of the Supreme Court and all the High Courts.
The court made it clear:
- All courts in the country must compulsorily follow the handbook related to sensitive matters.
- All state governments should issue strict instructions to their police that the rules of this handbook should be strictly followed while registering FIR and filing charge sheet.
This strict and clear stand of the Supreme Court has made it clear that any kind of judicial insensitivity or technical laxity will not be tolerated in matters related to the honor and safety of women.