Justice for the Victim: Supreme Court Steps In to Protect Rape Survivor's Rights

The Supreme Court of India has temporarily stopped the Allahabad High Court's decision that stated certain actions against an 11-year-old girl, like grabbing her breasts and dragging her, did not count as attempted rape. The Indian Community Welfare Organisation (ICWO) praised this action as vital for protecting children's rights. The Supreme Court accepted a petition from Just Rights for Children Alliance (JRCA), allowing them to represent the victim in this case. The JRCA, a network of over 250 NGOs dedicated to child protection, will fight to ensure justice and protect the victim's dignity.

A. J. Hariharan, the director of ICWO, emphasized their support for any child facing injustice and noted the Supreme Court's sensitivity to children's rights through its intervention. He pledged to work hard to secure justice for the girl and combat issues like child marriage and sexual abuse. The Supreme Court criticized the High Court's ruling as "shocking and insensitive," highlighting the lack of understanding shown by the High Court in its decision.

The justices, BR Gavai and AG Masih, were appalled by parts of the High Court's judgment, calling it inhumane and inconsistent with legal principles. They noted the long delay in justice for the poor and vulnerable child victim, which amounted to grave injustice. Rachna Tyagi, representing the JRCA and the victim's family, expressed relief at the Supreme Court's acceptance of their petition and reaffirmed their commitment to support the victim.

Initially, the trial court had deemed the actions of two defendants, Pawan and Akash, as an attempt to rape under specific legal codes. However, the Allahabad High Court reduced the charges, claiming the actions did not formally meet the criteria for attempted rape. The Supreme Court has now issued notices to the Union of India, the State of Uttar Pradesh, and all parties involved, paving the way for JRCA to lead this case and uphold the dignities and rights of the victim.

 

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