Skin-to-skin contact verdict: SC sends notice to Bombay HC

In its verdict, the high court had said that since the man groped the child without removing her clothes, the offence cannot be termed as sexual assault

The Supreme Court on Wednesday issued a notice to the Maharashtra government on a plea by the National Commission for Women (NCW) against the Bombay High Court verdict which ruled that groping a minor without "skin-to-skin contact" cannot be termed as sexual assault under the Protection of Children from Sexual Offences (POCSO) Act.

The top court had on January 27 stayed the judgement saying that it was “unprecedented” and was likely to set a “dangerous precedent”.

On Wednesday, a bench presided over by Chief Justice S A Bobde sought a response from the Maharashtra government and the accused on a fresh petition filed by the NCW.

The bench, also comprising Justices A S Bopanna and V Ramasubramanian, asked senior advocate Geeta Luthra, appearing for NCW, as to why it should entertain a separate plea when the top court has already stayed the high court verdict and the accused is in jail.

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Luthra, referring to the provision of the NCW Act, said the statute provides that the commission should move the court for correction if any such issues come up. The Maharashtra government also filed a separate plea in the matter.

Other petitioners, Youth Bar Association of India and Bharatiya Stree Shakti, withdrew their pleas against the verdict of the Nagpur bench of the Bombay High Court.

In its plea, the NCW has said that if such a “perverse interpretation of physical contact is allowed, it will adversely impact the basic rights of women, who are victims of sexual offences in the society and will undermine the beneficial statutory safeguards prescribed under various legislations aimed at protecting the interest of women.”

Notably, the Supreme Court Collegium headed by Chief Justice reportedly withdrew its recommendation for making Justice Pushpa V Ganediwala, who passed the verdict, as a permanent judge of the Bombay High Court following her two controversial judgements in child sexual offence cases.