In 2022, India witnessed a 8.7 pc increase in child abuse cases (Photo: Canva)
In a recent decision, the Allahabad High Court ruled that certain actions, specifically, grabbing a minor girl’s breasts, breaking the string of her pyjama and attempting to drag her beneath a culvert do not amount to an attempt to rape. Instead, the court categorised these actions as ‘aggravated sexual assault’.
As a result, the charges against the accused Pawan and Akash, who allegedly assaulted the 11-year victim and fled leaving her behind after passers-by intervened before they could harm her more were modified from Section 376 (rape) of the Indian Penal Code (IPC) to Section 354B (assault or use of criminal force with intent to disrobe) and relevant sections under the Protection of Children from Sexual Offences (POCSO) Act.
“The allegation against accused Pawan and Akash is that they grabbed the breasts of the victim and Akash tried to bring down lower garment of the victim and for that purpose they had broken string of her lower garments and tried to drag her beneath the culvert, but due to intervention of witnesses they left the victim and fled away from the place of incident. This fact is not sufficient to draw an inference that the accused persons had determined to commit rape on victim as apart from these facts no other act is attributed to them to further their alleged desire to commit rape on the victim,” observed Justice Ram Manohar Narayan Mishra in his ruling delivered last week.
Criminal lawyers say that the judge was looking at the technical and strict legal definition of ‘attempt to rape’ as prescribed in the penal code, but say that these rulings worsen the situation of women’s safety in India, which is already one of the worst in the world.
“In terms of legal technicalities I believe that the ‘preparation stage’ and the ‘actual attempt’ of rape were distinguished by the court,” Anshum Verma, a criminal lawyer based in Delhi, tells Media India Group.
“I think this particular judgement emphasises how difficult it is to understand and implement regulations pertaining to child protection and sexual assault. It calls into question the judiciary’s ability to strike a balance between the imperative to safeguard vulnerable people and legal technicalities,” he adds.
This judgment has ignited public debate and concern with many arguing that the court’s interpretation of ‘attempt to rape’ introduces a grey area into legal definitions, potentially weakening protections for minors against sexual exploitation.
“As a school teacher, my primary concern is always the safety and well-being of children, both within and outside the classroom. This judgment by the Allahabad High Court is deeply unsettling, as it appears to downplay the severity of the assault the child endured. The fact that the accused attempted to strip and drag an 11-year-old girl to a secluded spot should be considered a grave offense with the clear intent of sexual assault. While legal interpretations may vary, common sense and a child’s safety should be at the centre of such decisions,” Deepti Sachdeva, a teacher at Ryan International School, Delhi tells Media India Group.
The prevalence of sexual violence in India, especially against children, remains alarmingly high. In 2022, India witnessed a staggering 8.7 pc increase in child abuse cases, reaching a total of 162,000 incidents, as reported by the National Crime Records Bureau (NCRB). According to an analysis by Child Rights and You (CRY), an organisation for child rights, kidnapping and abduction constitute 46 pc of the crimes against children in India, closely followed by sexual offences. The analysis adds that sexual violence against children has surged by 96 pc from 2016 to 2022.
In 2022 alone, reported cases of child rape and penetrative assaults reached 38,911, up from 36,381 cases in the preceding year, an increase of close to 8 pc in barely a year.
In such a scenario, decisions that seem to lessen the seriousness of sexual crimes against children are very controversial, as they could damage the public’s trust in the legal system’s dedication to protecting vulnerable people.
“By distinguishing between attempted rape and aggravated sexual assault based on perceived intent, there is apprehension that similar cases might not be addressed with the severity they require,” says Verma.
“Instead of concentrating just on legal definitions, courts should have adopted a child-centred approach, emphasising the victim’s experience and the harm caused. The court’s differentiation between ‘attempt’ and ‘preparation’ may result in more limited definitions of ‘attempt to rape’ in subsequent cases. Even when an accused person’s acts clearly show sexual intent, this could lead to them being charged with less serious crimes,” he adds.
While the ruling by Justice Mishra tries to define the legal limits of sexual crimes, but it has raised worries about how it might affect the protection of children. The rising number of sexual violence cases in India shows the need for clear court rulings and strong laws to make sure all types of sexual abuse, especially against minors, are punished.
“If such actions are not seen as an attempted rape, where do we draw the line? The decision risks weakening legal protections for children and emboldening perpetrators who may believe they can escape severe punishment due to technicalities in legal interpretation. Children deserve stronger safeguards, not leniency towards those who seek to harm them,” Ritika Puri, a teacher based in Misa, Assam tells Media India Group.