The Supreme Court on Wednesday put a hold on a controversial ruling by the Allahabad High Court. The High Court had stated that "grabbing a woman's breasts" and "pulling the strings of her pyjamas" do not qualify as rape or an attempt to rape. This decision sparked widespread outrage. The Supreme Court, taking suo motu cognisance of the ruling, said that it lacked sensitivity. 

The top court emphasised that the verdict was not given impulsively. It was well thought out, as it was delivered four months after the judgment was reserved. "We are at pains to state that it shows a total lack of sensitivity on the part of the author of the judgment. It was not even at the spur of the moment and was delivered 4 months after reserving the same. Thus, there was application of mind," a bench of Justices BR Gavai and Augustine George Masih said. "We are usually hesitant to grant a stay at this stage. But since the observations in para 21, 24 and 26 are unknown to cannons of law and show an inhuman approach, we stay the observations," the apex court said.

The Supreme Court has asked the Central and Uttar Pradesh governments to respond to the matter. "We issue notice to the Union, the state of Uttar Pradesh and parties before the HC. The learned Attorney General and Solicitor General shall assist the court," the court said. However, another Supreme Court bench declined to consider a PIL challenging the controversial court order issued on March 24. The ruling was made by the Allahabad High Court during the hearing of a plea by two people who had been summoned before a trial court on rape charges. The accused, Pawan and Akash, were charged with grabbing an 11-year-old girl's breasts. After breaking the string of her pajamas, one of them tried to pull her under a culvert.

Justice Ram Manohar Narayan Mishra ruled that merely touching or grabbing a woman's breast does not qualify as rape. Instead, such an act is considered assault or the use of criminal force with the intent to undress or force a woman to be naked. The High Court decided that the accused should be charged with assault and also face trial under sections 9 and 10 of the POCSO Act for aggravated sexual assault. If convicted, these charges carry lighter penalties compared to rape.