Sharp reaction against Bombay HC judgement

‘Skin-to-skin’ contact must to consider it sexual assault: Court

Activists and women leader have unequivocally condemned a judgement by the Bombay High Court's Nagpur bench which said groping a minor’s breast without “skin to skin contact” cannot be termed as sexual assault as defined under the Protection of Children from Sexual Offences (POCSO) Act

In her January 19 judgment, Justice Pushpa Ganediwala held that there must be “skin-toskin contact with sexual intent” for an act to be considered sexual assault. She said mere groping will not fall under the definition of sexual assault.

Spurthi Kolipaka, a social worker and campaign strategist at Women’s Commission Matters, said, “It is outrageous to say the least. However, it must be noted

that this is not the first time a judge has made such remarks. There is a lack of deep understanding of the POCSO laws among the judiciary.”

Kaumudi Nagaraju, founder and executive director of Learning Space Foundation, an organisation actively working towards prevention of child sexual abuse in Telangana and Andhra Pradesh, said, “Justice Ganediwala has tackled such cases in the past with complete awareness and

sensitivity. I wonder what could be the reason behind this blunder.”

Women’s rights activist Girija Boddupalli said: “The need is to revamp the entire system and instil basic understanding of gender sensitivity in the judiciary. We have been able to take a step forward with the police to some extent. But the judiciary has always been aloof.”

She said “mere cramming” of the laws and technicalities would not do anymore. “At the time of magistrate training, all judiciary aspirants must be given gender sensitisation training to avoid statements like these, or the one from Karnataka High Court, or Kerala or Assam High Court in the past,” she said.

A comment from the TS child welfare department and the Women's Commission is awaited.

The National Commission for Protection of Child Rights has asked the Maharashtra hovernment to file an urgent appeal against the judgment.

The National Commission for Women said that it will challenge the judgment in the Supreme Court, saying, “It will not only have cascading effect on various provisions involving safety and security of women in general, but also put all women under ridicule and trivialise legal provisions for safety and security of women.”