The Supreme Court has canceled the controversial decision of the Allahabad High Court in a case related to the attempt to rape a minor girl. In this decision given on March 17, 2025, the High Court had said that dragging the victim under a culvert, holding her breast and breaking the string of pyjama would not be called attempt to rape. While canceling the decision, the Supreme Court has also stressed on the judges and people associated with the judicial system across the country to become more sensitive in the cases of sexual crimes. The court has also ordered the formation of an expert committee to give suggestions in this regard.
What was the decision of the High Court?
Regarding this incident with an 11 year old girl, High Court Justice Ram Manohar Narayan Mishra concluded that this is a case of attack on the dignity of a woman. This cannot be called rape or attempted rape. Justice Mishra had removed IPC sections 376 (rape), 18 (attempt to commit crime) and POCSO Act against the two accused in the case. He had asked to be prosecuted under Section 354-B (use of force for the purpose of disrobing a woman) and Section 9 (serious sexual assault) of the POCSO Act.
What happened in the Supreme Court?
Seeing the far-reaching impact of the High Court judge’s findings and his comments, social organizations had requested the Supreme Court to take cognizance. On the basis of this, the Supreme Court had started this hearing. At the very beginning of the hearing, the Supreme Court had stayed the disputed order of the High Court. Now it has been completely canceled. In such a situation, the accused in the case will now be tried for attempted rape.
Chief Justice wrote the decision
Chief Justice Surya Kant has written this order on behalf of the bench of 3 judges. It says that preparing a crime and attempting a crime are two different things. In this case, taking an 11 year old girl on a bike, dragging her from the road and taking her under a culvert and sexually abusing her cannot be called mere preparation for rape.
Guidelines will be made for the future
During the hearing of the case, many lawyers had requested the court to make guidelines for the future. Instead of doing so directly, the judges have handed over the case to an expert committee. The Supreme Court has requested Justice Aniruddha Bose, director of the National Judicial Academy (NJA), Bhopal, to form a committee under his chairmanship. Apart from him, there should be 4 members in it. These members should be legal experts, educationists and social workers.
What will the committee do?
The court has asked the committee to work on these things: –
- The expert committee should prepare guidelines to make judges and judicial process more sensitive in cases of sexual crimes.
- The committee should study those steps which have already been taken in this direction by the court or the government. It also remains to be seen what impact those measures had. Talk to people (judges/lawyers/social organizations) at the grassroots level and give suggestions for the future.
- These recommendations should serve as a guideline for judges and people associated with the judicial system. In this, they should also be told what to do in cases of sexual crimes or other similar crimes when the complainant, victim or witness is from a weaker section.
- Amidst the linguistic diversity in the country, there are many words which are objectionable. Such words, the use of which can fall in the category of crime, are still used in the society. The committee should prepare a list of such words. With this, while listening to the victim, the judge and the people of the judicial system will be able to understand his pain better.
- The Committee should also remember that the primary beneficiaries of its work are people who belong to the weaker sections of the society. Among these too, a large number are women and children. Therefore, the draft guidelines should be in such a language that even common people can easily understand. Heavy technical words of foreign language should not be used in this.
The Supreme Court has said that when the committee’s report is presented before it, it will hear further and give orders.
