Revisiting nirbhaya act

The recent judgment by Allahbad high court overturned a trial court order framing charges under stringent sections of the pocso act. The judgement clarifies that attempts to grope the breast of a minor, or tearing her pajama strings and even trying to pull her down a culvert does not amount to rape or attempt to sexual assault under pocso section 18. The judge instead has ordered for the accused to be tried under section 354B of the ipc (forcefully disrobing) under sections 9/10 of the pocso act. This has led to significant lowering of the charges and is being perceived as a judgement insensitive to women security especially minors. The redefining of sexual offenses post nirbhaya case in 2012 had expanded the definition of rape beyond penetration (complete or partial) and included practically every forceful sexual advances. While it played to the gallery and addressed the public outrage but diluted the gravity of the crime. It additionally placed the victim under the stigma of being a rape survivor. The judgement has rightly pointed out that there is a gap between preparation for a crime and actual attempt to commit the crime. The judgement has tried to address the frivolity that had crept into the law against sexual offenses post nirbhaya and can be used to further the discourse surrounding it.