Who is Allahabad HC Judge Ram Manohar Narayan Mishra Pulled Up by Supreme Court Over ‘Grabbing Breasts Not Rape’ Remark?

Allahabad HC Judge Ram Manohar Narayan Mishra Pulled Up by Supreme Court: The recent observation of an Allahabad High Court judge that touching a woman’s private parts or pulling her pyjama strings do not constitute the offence of attempted rape was raised in the Lok Sabha Wednesday, with the BJP’s Farrukhabad MP Mukesh Rajput calling upon the Centre to take steps against the judge within constitutional boundaries to ensure that such things do not repeat.

The Supreme Court's response was swift and unequivocal. A bench comprising Justices BR Gavai and Augustine George Masih condemned the judgment as "insensitive" and "inhuman", issuing a stay on the original ruling and directing the Allahabad High Court's Chief Justice to take appropriate action.

The intervention was prompted by the 'We the Women of India' organization, which brought the problematic order to the Supreme Court's attention, highlighting the critical importance of judicial sensitivity in cases involving sexual violence against minors.

Raising the issue during Zero Hour in the Lok Sabha, BJP member Mukesh Rajput said the recent observations made by the judge in a case related to alleged rape of a minor were undignified, disturbing and condemnable.

On 17 March, Justice Ram Manohar Narayan Mishra of the Allahabad High Court delivered a judgement in an alleged attempt to rape case of a minor girl by two perpetrators—Akash and Pawan. The incident had occurred in 2021.

Also Read: Kunal Kamra Row: Mumbai Police to Issue Second Summons Today Over ‘Traitor’ Joke

In the judgment, Justice Mishra noted that “the difference between preparation and actual attempt to commit an offence consists chiefly in the greater degree of determination.” In this case, he reasoned that the acts of grabbing the breasts of the minor, loosening her lower garment and trying to drag her beneath the culvert did not amount to an actual attempt to rape.

“The allegations levelled against the accused Pawan and Akash and facts of the case hardly constitute an offence of attempt to rape in the case. To bring out a charge of attempt to rape, the prosecution must establish that it had gone beyond the stage of preparation.” the judge wrote.

He found that it was more appropriate to summon the two accused under the minor charge of assault or abuse of a woman with intent to disrobing or compelling her to be naked (Section 354(b) of the Indian Penal Code, 1860) and punishment for aggravated sexual assault on a child victim (Section 9 and 10 of the Protection of Children against Sexual Offences Act, 2012).

The judgment had sparked immediate controversy. On 20 March, Senior Advocate Indira Jaising tweeted that the Court must take suo motu cognisance of the matter. Senior Advocate Shobha Gupta also wrote a letter on behalf of an NGO ‘We the Women of India’.

Also Read: ‘Did Not Let Me Speak’: Rahul Gandhi Accuses Lok Sabha Speaker of Bias in Parliament

On 24 March, a bench of Justices Bela Trivedi and P.B. Varale had dismissed an appeal against the decision on the grounds of locus. On 25 March, the Court notified that it would hear the matter suo motu.

“We take strong exception to paragraphs 21, 22, and 26 of the judgment, which depict a total lack of sensitivity on the part of the author of the judgment. It is also not that the judgment was delivered on the spur of the moment—it was reserved in November and delivered four months later. It is thus clear that the judge applied his mind and authored this judgment,” the bench said.

The Supreme Court took suo motu cognisance of the case after the organisation ‘We the Women of India’ approached it against the March 17 order.

"It is regrettable that people occupying high posts make such remarks. It is a post where a person in distress turns to seek justice… But when a sitting judge makes such remarks regarding women, it is horrifying and condemnable," the BJP member from Farrukhabad said.

Rajput said the remarks of the high court judge have caused hurt to over 140 crore citizens, and women were feeling uncomfortable.

"Such a person should apologise to women. I urge the minister to take note of these remarks and take action against this person as mandated by the Constitution," Rajput said.

Also Read: He Must’ve Only Heard 100, 100, 100’: Ambati Rayudu Slams Mumbai Legends After Shreyas Iyer Sacrifices Century