In the case related to the attempt to rape a minor girl, the Supreme Court has supported the sensitivity of justice by staying the Allahabad High Court’s decision, while it has brought alive the fairness, intensity and relevance of justice, while efforts to crush women identity and existence have been seriously taken. The judges of the apex court, describing the decision as insensitive, have not only shown serious displeasure and regret over the disputed decision of the Allahabad High Court, as the Allahabad High Court said- the minor girl’s breast is not raped and breaking the pulse of her pajamas. The Supreme Court has also directed the Chief Justice of the High Court not to hear such sensitive cases to the Chief Justice of the High Court, warning not to use the severity of sexual offenses or not to use the experiences of the victims, and not to use less. The judges of the Supreme Court said that the decision was not taken immediately, but was pronounced after 4 months of keeping it safe, that is, the verdict has been given after full consideration. Such judicial incidents of lower courts, which embarrassed women identity and existence, are worrying. Once again, a positive message was given in the society with the initiative of the Supreme Court and a meaningful effort has also been made to ensure the safety, identity and existence of women.
In the Allahabad High Court, Justice Ram Manohar Narayan Mishra had said in his 17 March decision that ‘touching the victim’s breast and breaking the cord of pajamas cannot be counted in the case of rape or attempt to rape.’ It is noteworthy that the incident took place in the year 2021 with a minor girl. In which three youths had misbehaved with the girl and touched her private Portus and dragged under the bridge and broke the string of her pajamas. Which was rescued by tractor drivers passing by. When the family members of the teenager did not get help from the local police, they had approached the special court of Kasganj for justice. Where the accused were imposed on Section 376 of IPC and Section 18 of Poxo Act. Which was challenged by the accused in the Allahabad High Court. Justice Mishra concluded about the incident with this 11 -year -old girl that it was a case of trauma on the dignity of the woman. Can not call it an attempt to rape or rape. The single bench said that it is not possible to decide on the basis of facts and allegations in the case that there was an attempt to rape. For which the prosecution had to prove that this step of the accused was to prepare to commit crime. After this decision, deep resentment, anger and resentment came to light across the country, there was a reaction in women’s organizations and intellectual classes, social media and media presented it as a great discrepancy and inhumanity of justice.
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The women’s organization V the Women of India also moved the Supreme Court. The bench of Justice BR Gawai and Justice AG Christ of the apex court admitted that the verdict is not only insensitive but also reflects inhuman attitude. Due to which it is necessary to stop this decision. At the same time, the apex court has also issued notice to the Center and Uttar Pradesh government on this issue. It is not unable to embrace anyone that when the Paxo Act clearly considered wrong antics with a child, then how the concerned judge of Allahabad High Court did not find this serious fault while judicial. In laws related to sexual harassment of women, they have also been considered a criminal act as staring, making wrong gestures, chasing etc. Then why was not every aspect considered in the case of that girl? Condemnation, condemnation and criticism of this decision has once again expressed that the country is aware in such sensitive matters, will not tolerate any kind of negligence and kothi. The Supreme Court had noticed that the attitude that normalizes crimes like chasing, tampering and harassment has ‘permanent and harmful effects on the victims.’ The Supreme Court is sensitive to women’s respect and dignity, this is a ray of hope. Here it is expected that the judges who hear women affairs should be trained in its nuances and intensity. Only such trained judges should be given a chance to hear such cases. It is also expected that there should also be a provision of proper investigation for judges who have been in such cases.
While giving the verdict in cases related to women safety, the courts are expected to consider the incident, facts and evidence in a sensitive manner. But it is bizarre that many times lower courts pronounce urge and prejudice in such cases. It is noteworthy that in one such case, the Supreme Court had reversed the decision of the Bombay High Court by reversing the Nagpur bench’s decision. Even then, the Supreme Court had said in the year 2021 that touching the sexual organs of a child with sexual intentions would be considered sexual violence under Section 7 of the Poxo Act. Now even if there is no skin exposure to it. The court believed that the intention of the accused matters more. In fact, in this case, the woman judge of the Bombay High Court decided to acquit the accused on the basis that the skin was not contacted. Similarly, the Calcutta High Court also gave a verdict in October 2023 that adolescent girls should control their sexual desires, they fall into society’s eyes for two minutes of happiness. In this case, the Supreme Court had said that the judge is not expected to express his views while giving the verdict. The Supreme Court had then issued the guidelines as to how the decisions should be written. Apart from this, the decision of the Calcutta High Court was also overturned. Such decisions are a symbol of judicial corruption, insensitivity and negligence, due to which women are encouraged to play criminals, rapists, adulterers and sexual exploiters.
In view of the increasing sexual exploitation, rape and female misconduct in the country, the judicial system is expected to be made more strong and fair. There is also no denying that misuse of laws related to paxo and women safety has been observed in some cases, but this does not mean that it gives one to see someone in an insensitive manner and sexual abuse. Already, it is a serious matter to keep silence or adopt a deferred attitude for lodging complaints in cases of female sexual harassment. Due to which such incidents are increasing. The Indian woman, who has been a victim of lifetime exploitation, oppression, atrocities, unwanted behavior and insult, will now be forced to drink poison sips in new ways. She is looking at this cruel insult, this gruesome disrespect, this contaminated behavior and narrow justice. Even on the frame of justice, changing the second status and misdemeanor thinking should be the highest priority. If we really want to respect the existence and identity of women! This will be possible only through honest conflict and investigation.
– Fine Garg
Writer, journalist, columnist