New Delhi, Mar 26 (PTI) The National Federation of Indian Women (NFIW) on Wednesday demanded action against Allahabad High Court Justice Ram Manohar Narayan Mishra over his controversial observations that "grabbing of a woman's breasts and pulling drawstrings of her pyjama" do not attract attempt to rape charge.
Such observations will further institutionalise and legitimise the patriarchal ideology, the women's rights body said in a statement.
This came shortly after the Supreme Court stayed Justice Mishra's observations made in a March 17 ruling.
"The NFIW demands urgent removal of Justice Mishra who has demonstrated utter ignorance of existing legislations and has deplorably failed to uphold the constitutional principles of equality and justice to which he as a judge is duty bound," the NFIW said in the statement.
Such observations are an "attempt to dilute and play down crimes against women and children" and will further institutionalise and legitimise the patriarchal ideology.
Addressing a press conference, NFIW president Sayeda Hamid said this a serious issue.
"The judiciary is the only hope for us. When they present such judgements, like the one by the Allahabad High Court justice, it is shocking," she said.
"There are many such shameful judgements where the judge has ignored the laws. The POCSO Act has been made into a joke... One after the other, such judgements are coming," she said.
The women's movement, which has been going on for so long, and the Constitution, all have been ignored, she added.
NFIW leader Annie Raja welcomed the Supreme Court's stay on the HC judgement and said several anti-women judgements have been given by courts in recent times.
"We welcome the stay by the SC. The judgement given by the Allahabad High Court judge is a basic rejection of a core tenet of the Constitution and a larger attempt to dilute and play down crimes against women and children," she said.
She said such judgements are an "attack on women by the judiciary".
"The Supreme Court should send a direction to all high courts and other courts to be more sensitive and follow the law of the land," Raja said.
The Supreme Court on Wednesday took strong exception to the HC's observations and stayed them, outlining total "insensitivity" and "inhuman approach".
The top court had taken a suo motu cognisance of the matter after the contentious observations were brought to the notice of Chief Justice of India Sanjiv Khanna by "We the Women of India" collective.
NFIW general secretary Nisha Sidhu said the judgement pushed the women's movement back to the margins.
"The rights we had earned, the laws, especially the POCSO Act, have been sidelined. The remarks of the judge are shocking. The chief justice of India must issue strict directions to all courts against such judgments and trends," she said.
Sidhu said the NFIW will discuss the issue further and hold a nationwide campaign along with other organisations on the constitutional rights of women.
The activists demanded that gender sensitivity training be held for judges.
They also listed a number of judgements, which they claimed displayed the anti-women mindset.
The list included the 2024 judgement by the Allahabad High Court in the Ajay Diwakar v. State of UP case, wherein it granted bail to a man booked under the POCSO Act on the condition that he would marry the minor victim.
It also cited the 2022 Karnataka High Court judgement in the Naveen Kumar v. State of Karnataka case, wherein the accused charged under the POCSO Act for having a relationship with a minor sought to quash the FIR against him after marrying the victim with her family's consent. Though the court declined to quash the FIR, it granted bail to the accused.
In the 2016 Vijayalakshmi v. State case, the Madras HC quashed a POCSO case against a 22-year-old man accused of abducting and having a sexual relationship with a 17-year-old girl.
"Whether imposing conditions to marry the victim or failing to acknowledge sexual crimes in violation of existing laws such as the POCSO Act, the courts have through these rulings not only exhibited deeply misogynist attitudes but also deliberately ignored the immense work done by the women's movements across the country as well as the judicial system to recognise and criminalise many forms of violence inflicted on women and children," the NFIW said.
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