Team  SoOLEGAL

OBNOXIOUS,UNACCEPTABLE,OUTRAGEOUS: ACTIVISTS SLAM BOMBAY HC GROPING JUDGMENT

Team SoOLEGAL 27 Jan 2021 4:15pm

OBNOXIOUS,UNACCEPTABLE,OUTRAGEOUS: ACTIVISTS SLAM BOMBAY HC GROPING JUDGMENT

Bombay High Court passed a judgment on 19th January, 2020 stating that it will not come under sexual offences as defined under Protection of Children from Sexual Offences Act (POCSO Act) if there is no skin-to-skin touch. The judgement says that if a minor’s breasts are touched with sexual intentions but has no direct skin-to-skin contact will not be termed as ‘sexual offence’. The judgment was passed by Justice Pushpa Ganediwala of Nagpur Bench of Bombay High Court. This particular judgment has been opposed by various activists and child right bodies and they called this judgment to be obnoxious, unacceptable, and outrageous.

The Executive Director of a child rights N.G.O. named Bachpan Bachao Andalan said that the legal team of their organisation is collecting sources and researching over this and then they will be appealing to the Supreme Court challenging the judgment of Bombay High Court.

According to Activist Kavita Krishnan, Secretary of All India Progressive Women’s Association, this judgment is not acceptable and totally goes against the legal system of the country and termed it to be ‘rubbish’ and ‘nonsense’. She feels that proper judges should be assigned for gender related cases.

Yogita Bhayana, an activist and the leader of the People Against Rape in India(PARI) found this judgment to be very disappointing and that, this judgment would further motivate criminals for illegal acts. According to her, this kind of a judgment by a woman is unacceptable and she also mentioned that after the Nirbhaya case, verbal gestures are included under assaults and on the other hand the Bombay High Court passing this judgment has no meaning.

Women’s right activist, Shamina Shafiq found that a judgment like this, coming from a woman to be very unfortunate. A woman should understand that groping while wearing clothes has unfortunately become really common in India these days and this crime keeps on happening against women and girls on a daily basis.



Tagged: Bombay High Court   Sexual Offences Act   POCSO Act   Justice Pushpa Ganediwala   Nagpur Bench   Nirbhaya case  
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