ACTIVISTS SLAM BOMBAY HC JUDGEMENT ON SEXUAL ASSAULT

NEW DELHI: Activists and child rights bodies have slammed the recent judgement of the Bombay high court that there is no sexual assault if there is no ‘’skin-toskin’’ contact, terming it “absolutely unacceptable, outrageous and obnoxious”and called for challenging it.

In a judgement passed on January 19, the Bombay high court said groping a minor’s breast without ‘’skin-to-skin contact’’ cannot be termed sexual assault as defined under the Protection of Children from Sexual Offences (Pocso) Act. Justice Pushpa Ganediwala of the Nagpur bench of held that there must be “skin to skin contact with sexual intent” for an act to be considered sexual assault.

Dhananjay Tingal, executive director of child rights NGO Bachpan Bachao Andolan, said their legal team was looking into the matter and all the data related to this is being collected.

“We shall be appealing the Supreme Court on the basis of their inputs,” Tingal told PTI.

The apex child rights body National Commission for Protection of Child Rights on Monday asked the Maharashtra government to file an urgent appeal against the recent judgement.

Activist Kavita Krishnan, secretary of All India Progressive Women’s Association, called it an “outrageous judgement”. “The Pocso law defines sexual assault very clearly and it has a provision for sexual touch. This notion that you will circumvent the law by saying touch with or without clothes makes no sense at all,” Krishnan said.

Yogita Bhayana, an activist who heads the People Against Rape in India (PARI), said it was disappointing to hear from a judge and such statements “motivate the criminals”.