Mumbai: Additional Judge Pushpa Ganediwala, who came into the limelight by giving judgment in the Skin to Skin Touch case, has resigned. The reason for his resignation is not yet clear. It is being said that this resignation has come due to non-availability of extension as additional judge and not getting a place in the Supreme Court collegium. Although February 12 is the last day of his service as an additional judge in the High Court, but before that he has resigned. Pushpa Ganediwala will come to the High Court on the last day on February 11. It is expected that now she will practice in the High Court and Supreme Court.

In fact, the Nagpur Bench of the Bombay High Court had acquitted a criminal of sexual assault saying that groping the private parts of a minor without skin to skin contact does not come under the POCSO Act. Attorney General KK Venugopal raised the issue in the Supreme Court. Then supporting this petition, the hearing was held on the petitions filed by many other parties including Maharashtra State Commission for Women, Government of Maharashtra. The trial of the incident was completed on 30 September.

Due to the same hearing, the petitioners had said in the court that the decision of the High Court means that if there is no direct skin-to-skin contact between the perpetrator of sexual assault and the victim, then a case of sexual harassment under the POCSO Act is not made out. The Attorney General had said during the hearing that this decision of the court would give free rein to the adulterers and it would be very complicated and difficult to punish them.

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