“Mumbai High Court Rules 'No Sexual Assault' in Minor's Groping"

by Harseerat Mann, Opinions Editor

Courtsey of The News Minute

Mumbai high court ruled that groping a minor would not amount to sexual assault if the man didn’t press the young girl’s breast or that there is no direct physical contact. The man only attracted punishment for molestation under section 354 and sentenced to one year in jail for the” minor offense.” It has drawn outrage throughout India and irritated campaigners combating considerable sexual abuse towards girls and children.

During judgment week, Bombay High Court decided Pushpa Ganediwala, a 39-year-old man, was no longer guilty for sexually assaulting a 12-year-old girl as he had not removed her clothing, meaning there was no skin-on-skin contact.

According to the court docket, the man brought the young child to his house as a ploy to give her guava. While there, he touched her chest and attempted to do away with her underwear. He was imprisoned for the sexual assault and sentenced to three years in jail before the decision was appealed to the high court.

“It’s quite surprising that this judgment was given by a female judge. She should have demonstrated it on herself while giving such judgment,” Kennedy senior Misbah Mansuri said.

I believe that the person shouldn’t have been acquitted because his actions clearly had sexual intent.”

On Tuesday, Jan. 19, Justice Ganediwala said the man’s actions "would not fall in the definition of ‘sexual assault,” therefore his sentence didn’t extend from three years to five years in prison.

"Considering the stringent nature of punishment provided for the offense, in the opinion of this court, stricter proof and serious allegations are required," Judge Ganediwala said. “India's Protection of Children From Sexual Offenses Act 2012 does not explicitly state that skin-on-skin contact is needed to constitute the crime of sexual assault.”

Several activists had criticized the judgment, deeming it “in reality unacceptable, outrageous and obnoxious.”

“He ‘groped her without removing her clothes,’ so the offense could not be termed sexual assault but ‘outraging a woman's modesty’ under Section 354 of the Indian Penal Code,” Ganediwala said.

Legal professionals have argued that compulsory sentences are counterproductive to the aim of reducing crime or appearing as a deterrent. Instead of harsher punishment, they propose judicial reform that makes the sentencing approach greater accountable and greater apparent. This ought to encompass shielding apparent proceedings for sentencing, recording specific reasons for punishment in rulings.