In a significant directive issued on Wednesday, the Supreme Court mandated the Allahabad High Court’s registry to remove the name of a complainant mother from its records. This action follows a contentious ruling from the High Court on March 17 regarding an alleged rape attempt that has since stirred nationwide debate and criticism.
The case came under intense scrutiny after the Allahabad High Court’s judgment stated that the actions of grabbing a woman’s breasts and pulling the drawstring of her pyjama did not constitute an attempt to rape. This interpretation was met with widespread backlash for its perceived insensitivity and disregard for the severity of the assault.
Reacting to the uproar, the Supreme Court, led by Chief Justice of India Sanjiv Khanna, took suo motu cognizance of the issue. The matter was highlighted to the apex court, prompting an immediate review. On March 26, the Supreme Court stayed the controversial parts of the High Court’s decision, emphasizing the need for judicial sensitivity towards such serious allegations.
During the proceedings on Wednesday, a plea by the civil society group Just Rights for Children Alliance, along with the survivor’s mother, sought to have their case consolidated with the ongoing suo motu case. Represented by senior advocate H S Phoolka, the petitioners argued for the necessity of anonymity for the victim’s mother, citing previous Supreme Court orders that advocate for the protection of complainants’ identities in sensitive cases.
Justices B R Gavai and Augustine George Masih, presiding over the hearing, agreed to hear the plea alongside the main proceedings scheduled for April 15. They reiterated the directive to the Allahabad High Court’s registry to ensure the complainant’s name is not disclosed in any related records.
The Supreme Court also critically addressed the High Court’s observations, particularly noting their departure from established legal norms and the empathetic handling of assault cases. “In normal circumstances, we are slow to grant a stay at this stage. However, given the total insensitivity and inhuman approach reflected in the disputed paragraphs, we find it necessary to stay these observations,” the bench stated.
Further judicial proceedings are expected to scrutinize the High Court’s interpretation and its implications on legal standards concerning sexual assault cases. The apex court has also issued notices to relevant parties, including the Centre and the Uttar Pradesh government, seeking their responses.
