NCW to challenge Bombay High Court judgment on sexual assault in Supreme Court  

Rekha Sharma

NCW Chairperson Rekha Sharma

New Delhi: The National Commission for Women said Monday it will challenge in the Supreme Court the Bombay High Court judgment. The High Court judgement had said groping without ‘skin to skin’ contact is not sexual assault as defined under the Protection of Children from Sexual Offences (POCSO) Act.

This judgment will have a cascading effect on various provisions involving safety and security of women in general. It will also subject all women to ridicule, National Commission for Women (NCW) Chairperson Rekha Sharma said. It has trivialised the legal provisions provided by the legislature for the safety and security of women, she asserted.

“@NCWIndia is challenging 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,” Sharma tweeted and added that the commission is going to challenge it in the Supreme Court.

Also read: Obnoxious, unacceptable, outrageous: Activists on Bombay High Court judgement on sexual assault

Justice Pushpa Ganediwala of the Nagpur bench of the Bombay High Court, in a judgment passed January 19, held that there must be ‘skin to skin contact with sexual intent’ for an act to be considered sexual assault. She said in her verdict that mere groping will not fall under the definition of sexual assault.

Photos courtesy: NCW Twitter

“This judgment will not only have cascading effect on various provisions involving safety and security of women in general but also put all the women under ridicule and has trivialised the legal provisions provided by the legislature for the safety and security of women,” Sharma said in another tweet.

 

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