'Loosening the pyjama string is an attempt to rape', Supreme Court overturns Allahabad HC's controversial decision

News Topical, Digital Desk : The Supreme Court on Tuesday overturned the Allahabad High Court's controversial decision, which held that loosening a woman's pajama's drawstring was not an attempt to rape but a preparation for rape. The Supreme Court ruled that touching a woman and untying her pajama's drawstring would be considered an attempt to rape.

The Allahabad High Court's March 17, 2025 decision had created an uproar and the Supreme Court took suo motu cognizance of the matter following a letter written by Shobha Gupta, senior advocate and founder of the NGO We The Women.

What did the bench say?

A bench of Chief Justice Surya Kant and Justices Joymalya Bagchi and N V Anjaria set aside the High Court order and pronounced the sentence under the POCSO Act.

Referring to the appeals of Gupta and senior advocate H S Phoolka seeking greater sensitivity among judges while dealing with sexual crimes against women, the bench said, "Complete justice cannot be expected from any judge or judgment of any court if it is indifferent to the reality of the litigant and the vulnerabilities he or she faces while approaching the court."

"There should be compassion, humanity and understanding."

Writing the judgment, the CJI said that judges' efforts should be based not only on the proper application of constitutional and legal principles, but also on fostering an atmosphere of compassion and empathy. A lack of any of these fundamental elements would prevent judicial institutions from properly discharging their essential responsibilities.

The bench said, "As participants in the legal process, our decisions should reflect a spirit of compassion, humanity and understanding, right from determining the process that ordinary citizens will have to face to the final judgment delivered in any case."

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