Mumbai HC’s judgment on sexual assault triggers outrage

National Commission for Protection of Child Rights (NCPCR) asked the Maharashtra government on Monday to file an urgent appeal against a recent Bombay high court judgment that said an act cannot be termed as sexual assault if there is no “skinto-skin” contact.

A single judge bench of the Nagpur bench of the Bombay High Court in its judgment passed on January 19, ruled that groping without ‘skin-to-skin’ contact is not sexual assault as defined under the Protection of Children from Sexual Offences (Pocso) Act. According to this judgment an act cannot be termed as sexual assault if there is no “skin-to-skin contact”.

The court opined that touching a minor’s chest would not amount to sexual assault unless the accused removed the top worn by the child or slid their hand within the child’s garment.

Following this judgment Priyanka Kanoongo the chairperson of the NCPCR wrote a letter to the state chief secretary. In her letter she has asked the government of Maharashtra to file an urgent appeal against the HC order. She has stated that the words “skin-to-skin touch with sexual intention without penetration” mentioned in the judgment also need to be reviewed and the state should take note of this as it seems to be derogatory to the minor victim in the case.

The judgment has drawn the ire of child rights bodies and activists across the country.

Kanoongo in her letter has also stated that considering the seriousness of the issue, the commission being the monitoring body under section 44 of the POCSO Act, 2012 requests you to take necessary steps in the matter and file an urgent appeal against the aforesaid impugned judgment of the high court.

She has also stated, "You are requested to provide details of the minor victim [maintaining strict confidentiality] so that the commission can provide help such as legal aid etc. in the best interest of the child."

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," Mr Tingal told a news agency.