The Supreme Court of India has suspended the execution of a High Court ruling that stated "groping a girl's breasts" and untying the drawstring of her lower garment cannot be considered attempted rape. The Allahabad High Court ruled last week that such actions could only be described as "aggravated sexual assault," which carries a lighter penalty.
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03-30, 2025Supreme Court justices stated that some of the comments in the High Court's judgment indicated that the judge who wrote it had a "complete lack of sensitivity." The High Court's ruling has sparked widespread protests in India.
Supreme Court Justices BR Gavai and Augustine stated on Wednesday that the March 17th ruling was "disturbing," especially considering it was made after four months of deliberation and was not "a spur of the moment" decision. The Supreme Court has issued notices to the Indian federal authorities and the Uttar Pradesh government, as the Allahabad Court (now known as Prayagraj) is located in that state.
According to the prosecution, the case involves an 11-year-old girl whose mother claimed that two defendants offered her daughter a ride home on their motorcycle. She allowed her daughter to go with the men, who were from the same village and known to her. "On the way to the village, the accused stopped the motorcycle and started groping her breasts," the High Court judgment reads, adding that one of the men dragged her under a culvert and "untied the drawstring of her salwar [lower garment]."
She was rescued by passing villagers who heard her cries for help, forcing the assailants to flee. The defendants have denied the charges against them. The High Court's ruling was based on the argument that "attempted rape" is different from "preparation," the legal website Live Law reported, citing the High Court's order. "The prosecution has to prove that it has crossed the stage of preparation. The distinction between preparation and an actual attempt to commit an offense lies primarily in the greater degree of determination," the order said.
The controversial ruling has sparked widespread protests across the country, with many calling the judgment "horrendous." Senior lawyer Indira Jaising told a television station that what happened to the child "went beyond the stage of preparation" and was "attempted rape" from a legal standpoint. "How do you prove intent? It is proved by the conduct prior to the actual act of rape," she said, adding that the fact that the girl was dragged to a secluded place meant it had gone beyond the stage of preparation.
India's Minister of Women and Child Welfare, Annapurna Devi, told the Press Trust of India that the High Court's ruling "has no place in a civilized society, and it will have an adverse impact on society."
