Attempting to remove salwar and pressing the chest does not amount to rape', CJI Surya Kant furious over Patna High Court's decision

Patna High Court Judge Purnendu Singh ruled on July 9 that if a man attempted to remove a woman's salwar and pressed her breast, it amounted to outraging her modesty. It would not be considered attempted rape.

The Patna High Court recently ruled during a case hearing that attempting to remove a woman's salwar or pressing her chest does not constitute attempted rape. This issue generated widespread discussion, and on Tuesday, it was raised before a bench headed by Chief Justice Surya Kant in the Supreme Court. The bench expressed surprise and displeasure. Furthermore, the Chief Justice also stated that judges should conduct some research. Last year, the Allahabad High Court issued a similar ruling, which the Supreme Court even took Suo Motu cognizance of. The court stated that judges should demonstrate some sensitivity and refrain from making such comments in judgments concerning women.

This type of case has surfaced despite the Supreme Court's displeasure. Upon learning of this issue, the Supreme Court stated that the National Judicial Academy Committee's report on judicial sensitivity should be uploaded on the websites of the Supreme Court and all High Courts regarding sexual offenses. This report, which covers cases of sexual offenses, was prepared following the Allahabad High Court's decision in March last year. Its purpose is to sensitize judges regarding sexual offenses. The Allahabad High Court had previously stated in its order that opening a minor girl's pajamas and pressing her chest did not constitute an attempt to rape. 

When the Patna High Court case was raised in the Supreme Court today, senior advocate Shobha Gupta said, "This is happening even after your order." She said, "Look at the Patna High Court's order on July 9th." Chief Justice Surya Kant objected to the High Court's decision. He said that judges should also do some research. 

The staff is doing nothing. He said that a handbook has been prepared and all high courts and subordinate courts should follow it. Furthermore, state governments should order police stations to follow this manual. This should be taken into account when registering cases and filing charge sheets in crimes against women. He said that he would also upload a relevant judgment. 

What was the Patna High Court's decision that caused the uproar?

Patna High Court Judge Purnendu Singh ruled on July 9 that attempting to remove a woman's salwar and pressing her chest constitutes an offense of outraging her modesty, but not attempted rape. The Patna High Court made this observation while quashing a man's conviction in an attempted rape case. The case stems from a 2008 incident in which a woman alleged that she had gone to a photography studio in Amarpur with her father. The victim's side stated that after taking her photo, the studio owner, under the pretense of viewing the photo on a computer, asked her father to wait outside. He then locked the studio door from inside, attempted to remove her salwar, and pressed her chest with the intent to rape her. Hearing her screams, her father ran to the door, after which the accused fled.

PC: NDTV