Patna High Court has said in an important decision that pressing a woman’s chest and trying to remove her salwar will not fall in the category of crime of attempt to rape in every case.
The Supreme Court has made important comments regarding judicial sensitivity in cases related to this sexual crime. The Court said the approach of the courts should be made more sensitive and sympathetic towards the victims of sexual crimes. The court directed to disseminate the comprehensive guidelines prepared by the National Judicial Academy (NJA) across the country. The bench headed by Chief Justice Surya Kant also included Justice Joymalya Bagchi and Justice V. Mohana.
Rules to be followed in sexual offense cases The bench ordered that this report be sent to all the High Courts, District Courts, State Legal Services Authorities, State Law Departments and Prosecution Directorates in the country. The bench also directed all prosecution directorates to ensure that these guidelines are communicated to all officials concerned. Also, police personnel should be sensitized as to what safety measures should be followed while registering FIR and filing chargesheet in sexual offense cases.
Mentioned the decision of Allahabad High Court The Chief Justice termed the report as ‘a remarkable report’ and a ‘commendable team effort’, and also praised the work of the expert committee constituted by the Bhopal-based National Judicial Academy. These instructions are related to the proceedings initiated by taking suo motu cognizance in a case in the year 2025. The proceedings were initiated after the controversial judgment of the Allahabad High Court which held that holding the breasts of a minor girl and attempting to open the knot of her salwar is only ‘preparation’ for rape and not ‘attempted rape’. The decision was widely criticized and challenged by child rights organization Just Rights for Children.
The decision of Allahabad High Court was canceled by the Supreme Court The Supreme Court on March 26 had also taken suo motu cognizance of the insensitive language and terminology used in judicial orders in cases involving sexual crimes, especially those involving women and children. The court later set aside the Allahabad High Court’s decision, saying it was ‘clearly flawed’ and contrary to established principles of criminal jurisprudence. The court reinstated the charge of attempt to rape under the POCSO Act against the accused in that case. Along with this, the Supreme Court had directed the National Judicial Academy to constitute an expert committee to prepare comprehensive guidelines to ensure judicial sensitivity in cases involving victims of sexual harassment.
Women who have suffered oppression have the right to live a respectable life. The committee was directed to submit its report within three months. Senior advocate H.S. appearing on behalf of child rights organization. Phoolka welcomed this step of the court. “The need for such guidelines was felt for a long time,” he said. The insensitive comments of the Allahabad High Court had made these absolutely necessary. It is now necessary that these be followed with full devotion and effectively, so that women and children who have suffered sexual harassment and violence can get justice in a dignified manner.