The Supreme Court collegium has decided not to confirm the additional judge of the Bombay High Court who ruled in January that “skin-to-skin contact” between an accused person and a minor was necessary to establish a case under the Protection of Children from Sexual Offences Act, Live Law reported on Thursday.
Besides not making Justice Pushpa Ganediwala a permanent judge of the High Court, the collegium has decided not to extend her tenure.
Ganediwala’s term will expire in February 2022, Live Law reported. If she does not get an extension before that, she will be demoted to the post of a district judge.
Two of her verdicts related to sexual crimes against minors have been criticised. In the “skin-to-skin” verdict, she held that groping a minor’s breast without removing her clothes did not fall into the category of sexual assault defined under Section 7 of the Protection of Children from Sexual Offences Act.
In another verdict in January, Ganediwala had ruled that holding a minor’s hands and unzipping one’s pants in front of them will not fall under the definition of sexual assault under POCSO Act.
In November, the Supreme Court had set aside the “skin-to-skin” judgement. The court held that sexual intent was the most important ingredient constituting sexual assault under POCSO Act and “skin-to-skin contact” in such incidents was not relevant.
The Supreme Court had also said that verdict would set a dangerous precedent.
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