The Supreme Court on Wednesday stayed the comments of Justice Ram Manohar Narayan Mishra of the Allahabad High Court, saying they depicted “total insensitiveness” and an “in human approach“. Senior Congress leader and Lok Sabha member from Alappuzha, K.C. Venugopal, raised the issue of challenges faced by nurses, affecting their work and the quality of healthcare in the country.
Key Highlights
Supreme Court Intervention
- SC stayed the Allahabad High Court’s March 17, 2025 order, which ruled that “mere” groping of a minor did not indicate intent to rape, terming the HC’s remarks “inhuman” and insensitive.
- Bench led by Justice B.R. Gavai criticised the lack of empathy and disregard for trauma in the HC judgment.
Case Timeline & Legal Context
- Incident occurred on Nov 10, 2021, in Kasganj, U.P.
- Charges involve Section 376 (rape), Section 511 (attempt) IPC, and Section 18 of POCSO Act (attempt under child sexual offence).
- Revision petition filed in Nov 2024; HC judgment issued in March 2025.
SC Observations
- Described the HC’s judgment as a “complete lack of sensitivity”, particularly towards a minor’s trauma.
- Noted the absence of timely adjudication and criticised the order for being given despite the case being in the pre-summons stage.
Institutional Action
- SC issued suo motu cognisance and directed the case to be placed before the Allahabad HC Chief Justice.
- Mother of the victim allowed to participate legally in the case.
Analysis & Way Forward
- Highlights the urgent need for sensitisation of judiciary on gender-based violence and child protection.
- Judicial training on empathetic adjudication and clear victim-centric interpretation of laws is essential.
Mains Mock Question
“Judicial remarks and insensitivity in sexual violence cases can deeply affect victim justice. Discuss with reference to recent court interventions. Suggest ways to ensure sensitive legal proceedings.”
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