Controversial POCSO Rulings: Supreme Court Holds Bombay HC Judge’s Confirmation

File photo of the Supreme Court of India. (Image: PTI)

File photo of the Supreme Court of India. (Image: PTI)

Justice Pushpa V Ganediwala confirmation as a permanent Bombay High Court judge was withdrawn because of two controversial rulings on POCSO cases.

  • Last Updated: January 30, 2021, 11:04 IST

The Supreme Court has reportedly withdrawn its recommendation to make Justice Pushpa V Ganediwala a permanent judge of the Bombay High Court in light of her controversial orders on two sexual assault cases in the recent past.

Justice Ganediwala had modified a sessions court order that held a man guilty of a minor’s sexual assault. She had ruled that groping a child without “skin-to-skin contact with sexual intent” does not amount to the offence under the Prevention of Children from Sexual Offences (POCSO) Act. This was stayed by the Supreme Court.

Also read: Opening Pants Zip Not ‘Sexual Assault’ under POCSO Act: Bombay HC Judge Who Ruled on Skin-to-Skin Contact

Attorney General KK Venugopal had called this ruling “disturbing”. He had said, “It is a very disturbing conclusion. Your Lordships should take note of this. I will have a petition filed tmrw or Your Lordships may take Suo Motu notice”

Bar and Bench reported that a three-member collegium of the Supreme Court headed by the Chief Justice of India SA Bobde had recommended Justice Ganediwala as a permanent judge of the Bombay High Court, but later rescinded the offer.

The Nagpur bench of the Bombay High Court had also ruled that that “the act of holding a girl’s hands and opening the zip of pants will not come under the definition of sexual assault” and couldn’t be charged after POCSO.

The ruling was pronounced by a single bench of Justice Pushpa Ganediwala in a criminal appeal against the conviction and sentence awarded to a 50-year-old man for molesting a five-year-old girl.

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