SC issues notice on NCW plea challenging Bombay HC's 'skin to skin' judgment under POCSO Act
In its plea filed in the apex court, the NCW has said that if such a perverse interpretation of physical contact is allowed, it will adversely impact the basic rights of women.
FollowNew Delhi: The Supreme Court on Wednesday issued notice in a plea filed by the National Commission for Women (NCW) challenging the Bombay High Court judgment passed by Justice Pushpa Ganediwala, wherein she held that there must be “skin to skin contact with sexual intent” for an act to be considered sexual assault.
In its plea filed in the apex court, the NCW has said that if such a perverse interpretation of physical contact is allowed, it will adversely impact the basic rights of women.
At first, the bench was not inclined to entertain the petition filed by the NCW as well, and suggested that they intervene in the petition filed by the AG.
In response, Senior Advocate Geeta Luthra, appearing for the NCW, submitted that it has a statutory duty under the National Commission for Women Act to intervene in the matter.
The SC had stayed the Bombay High Court's controversial order acquitting an accused, which had stated 'skin-to-skin' contact necessary to be classified as sexual assault under the POCSO Act. Attorney General KK Venugopal said the order would set a dangerous precedent.
The bench dismissed another petition filed by Bharatiya Stree Shakti challenging the same order while stating that the petitioner did not have locus standi in the present case.
Nevertheless, the bench has granted liberty to the organizations to approach the Attorney General for India - who has already filed a petition against the judgment- to raise their points. The AG agreed to hear such organizations.
