Expressing relief and happiness over the recent Supreme Court judgment, the mother of the minor girl today said that by setting aside Allahabad High Court order, the apex court has reinstilled her faith in the system and she finally feels vindicated. Last year in March, the Allahabad High Court had held that grabbing the minor victim’s breast and breaking the string of her pyjama did not amount to an attempt to commit rape, but merely “preparation”. Just Rights for Children, a network of NGOs, had immediately filed a petition representing the victim in the Supreme Court against the order. Acting on the petition, a three-judge Bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice N.V. Anjaria set aside the High Court’s ruling, terming it a “patently erroneous application of the settled principles of criminal jurisprudence,” and restored the original stringent charge of attempt to rape against the two accused under the Protection of Children from Sexual Offences (POCSO) Act.

“This decision has restored my faith that the law can protect children and victims. I hope no other child has to struggle to be believed, and that this judgment helps many others who cannot speak for themselves,” said the mother, whose daughter was 11 years old at the time of the crime. She also said that the network stood beside them when they felt unheard and powerless. “Their support gave us the courage to continue seeking justice,” she said.

In November 2021 in Kasgunj, the two accused dragged her daughter under a culvert and attempted to undress her. She was rescued after two witnesses rushed to the spot on hearing her cries. However, in March 2025, the Allahabad High Court held that the allegations amounted only to preparation and were not sufficient to establish the offence of “Attempt to Rape or “Rape,” and so the charges were whittled down.

Challenging this order, Just Rights for Children, one of the country’s largest networks with over 250 NGOs working on child protection, filed a Special Leave Petition representing the victim before the apex court. The petition also urged the Court to lay down guidelines to ensure greater sensitivity while handling such cases.

Besides setting aside the High Court order, the Bench has now directed the National Judicial Academy, Bhopal, to constitute a Committee to prepare a comprehensive report on developing guidelines to inculcate sensitivity among judges and within judicial processes when dealing with cases involving vulnerable victims of sexual abuse.

In its order, the Court observed, “When an attempt is being made to explain and clarify the different concepts, rights, procedures, and best practices to be followed, the Committee must ensure that the report is comprehensive and exhaustive, including appropriate and adequate explanations and illustrations wherever necessary.” The Committee is requested to complete its deliberations and submit its report to the Court, within a period of three months.

Lauding the ruling as historic, H.S. Phoolka, Senior Counsel for Just Rights for Children, said, “This judgment will go a long way in strengthening protections for victims. It sends a clear message that bias and prejudice against survivors have no place in judicial reasoning. We are grateful to the Bench for this order.”

The Court has also sought suggestions from the network while framing the guidelines.

Meanwhile, Ravi Kant, National Convenor of Just Rights for Children, said, “This judgment marks the outcome of our long and determined fight for justice, dignity, and sensitivity towards survivors of sexual violence. We welcome the Supreme Court’s decision, which restores faith in the justice system and reinforces that crimes against children and vulnerable persons must be viewed with seriousness and empathy.”