Justice Pushpa Ganediwala who gave 'no skin-to-skin contact' order resigns

By Team Newsable | First Published Feb 11, 2022, 9:44 AM IST

Justice Pushpa Ganediwala's resignation comes just two days before her term expires on February 12.

High Court Justice Pushpa Ganediwala of the Bombay High Court, who gave the infamous no skin-to-skin contact judgement in a sexual harassment case, has resigned from office.

An additional judge of the Bombay High Court, Ganediwala, was not recommended for a permanent judgeship by the Collegium, nor her tenure as an additional judge was extended. Therefore, she chose to resign, merely two days earlier than her tenure (February 12) to expire.

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According to the sources, Ganediwala intends to seek arbitration and litigation before the Supreme Court and High Court.

Justice Ganediwala is infamous for her controversial skin-to-skin judgement in a case under the Protection of Children from Sexual Offence Act (POCSO Act) last January received a lot of criticism. The same month she delivered many such controversial judgements.

In the judgement on January 12, 2021, she switched the conviction order after stating that nothing supported the prosecution's case for rape (Jageshwar Wasudeo Kawle v. the State of Maharashtra).

Ganediwala, on January 15, 2021, delivered that the act of holding hands of a minor or the zip of the pants of the accused being open at the relevant time does not count as sexual assault as defined under Section 7 of the POCSO Act (Libnus v. the State of Maharashtra).

Her third judgement was on January 19, where she ruled that the act of pressing the breast of a 12-year-old child without pulling her top/t-shirt will not be considered the definition of 'sexual assault' in the Section 7 of POCSO (Satish Ragde v. the State of Maharashtra). This ruling, known as skin-to-skin judgement, caused a row. The Supreme Court overturned the same sentence.

Ganediwala's tenure as an additional judge was set to expire last February; however, it was extended for one year. This year she was not granted the extension.

Also read: Not considered sexual assault if there’s no skin to skin contact: Bombay HC

Also read: Supreme Court stays Bombay HC order on 'skin-to-skin' contact must for sexual assault under POCSO

Also read: SC issues notice on NCW plea challenging Bombay HC's 'skin to skin' judgment under POCSO Act

Also read: Supreme Court sets aside POCSO 'skin to skin' judgment of Bombay High Court

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