Groping a minor's breast without skin to skin contact cannot be termed as sexual assault as defined under the Protection of Children from Sexual Offences (POCSO) Act, the Bombay High Court has said.
Justice Pushpa Ganediwala of the Nagpur bench of the Bombay High Court, in a judgement passed on January 19, the detailed copy of which was made available now, 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. To which the actors in the entertainment industry have slammed her judgement. Here are their opinions as follows:
My thought is that with this verdict, it will open up avenues for situations where this will be exploited by future convicts. Can a skin-to-skin contact only define a sex assault? It's like saying I can beat anyone with their clothes on and there will be no imprint on their skin. For sex assault, there might be a situation where there is no imprint on their skin. But the damage mentally and to society is immense.
Any kind of sexual harassment should be punishable whether it is skin to skin or not. It disturbs women/girls mentally and emotionally forever, especially children. Court should also keep in mind the mark it leaves on us forever.
Any kind of sexual, be it skin to skin or not, is a crime. I am against this judgement and I feel every woman should be. More than anything any type of sexual harassment leaves a mark on the mental health of the victim which is enugh trauma. What kind of thing it is "A mere groping of a child's breast is not sexual conduct, I believe it is and this judgment should be taken back.
Let anything (any damn touch) done to the victims body without his /her approval be considered as an Act of misconduct and charged for that.. because any inappropriate touch cannot have justified intention to it.With all due respect to the Court of Law, I feel stricter actions and laws should be for attempt to sexual assualts or rape of minor or for that matter of girls ,boys women, men in general.
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