Expressing disappointment with the Bombay High Court verdict which stated there is no sexual assault if there is no ‘skin-to-skin’ contact, the National Commission for Women (NCW) on Monday said it will challenge the judgement in the Supreme Court.
NCW chairperson Rekha Sharma said the verdict will not only have a cascading effect on various provisions, involving the safety and security of women but will also subject all women to ridicule. Sharma added the judgement has trivialised the legal provisions provided by the legislature for the safety and security of women.
@NCWIndia is going to challenge the Hon’ble Bombay High Court, Nagpur Bench judgement in Criminal Appeal No.161 of 2020, Satish Ragde v. State of Maharashtra dated 19.01.2021. The judgment will not only have cascading effect on various provisions involving safety and security
— NCW (@NCWIndia) January 25, 2021
The NCW chief’s outburst came after the Nagpur bench of the Bombay High Court in its verdict on January 19 acquitted a man charged under the Protection of Children from Sexual Offences Act (POCSO) on grounds that groping a minor’s breast without ‘skin to skin contact’ cannot be termed as sexual assault as defined under the special law meant to deal with crimes against children.
“There is no direct physical contact i.e skin to skin with sexual intent without penetration,” a single-judge bench of Justice Pushpa V. Ganediwala reportedly said, adding that it would be termed as outraging the modesty of a woman under the Indian Penal Code (IPC).
Justice Ganediwala in her verdict modified the order of a sessions court, which had sentenced the 39-year-old man to three years imprisonment for sexually assaulting a 12-year-old girl under POCSO along with Sections 354 (assault or criminal force to woman with intent to outrage her modesty); 363 (punishment for kidnapping); and 342 (punishment for wrongful confinement) of the Indian Penal Code (IPC).
The man had then moved the High Court against the judgement through his lawyer Sabahat Ullah.
“As per the definition, the offence involves following necessary ingredients — act must have been committed with sexual intent, act must involve touching the vagina, penis, anus or breast of the child or making the child touch the vagina, penis, anus or breast of such person or any other person or doing any other act with sexual intent which involve contact without penetration,” the High Court said in its judgement.
Several women rights activists have also expressed their ire over the verdict.
