'Skin-to-skin' verdict demotes Judge's rank from HC judge to district judge
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New Delhi: The Supreme Court collegium has stalled the promotion of Bombay HC judge Justice Pushpa V Ganediwala who had drawn flak for her controversial "skin-to-skin" order on a sexual assault case at the beginning of the year.
As per reports, Justice Ganediwala will now have to go back to serve as a district judge at the end of her ad hoc HC judgeship, which concludes in February 2022.
The collegium is headed by Chief Justice N.V. Ramana and comprises Justices U.U. Lalit and A.M. Khanwilkar.
On November 18, the Supreme Court set aside her two controversial judgments passed in January this year, interpreting sexual assault provisions under the Protection of Children from Sexual Offences (POCSO) Act. The top court had said the Bombay High Court's judgements making skin-to-skin contact necessary for the offence of sexual assault against a child, undermines her dignity and autonomy, through unwanted intrusions.
The women judge had come under the scanner following a controversial judgment which laid down that mere groping over the clothes without actual 'skin to skin contact' will not amount to sexual assault under the POCSO Act. Holding thus, the judge acquitted a man accused of touching a minor girls breasts without removing her clothes under the POCSO Act, though convicted him under a lesser offence of Section 354 of the IPC.
Meanwhile, the Supreme Court collegium, in its latest recommendations, has approved the proposal for the appointment of three additional judges of the Bombay High Court Justices as permanent judges. These are Justices Madhav Jayajirao Jamdar, Justice Amit Bhalchandra Borkar, and Justice Shrikant Dattatray Kulkarni.
"The Supreme Court Collegium in its meeting held on 14th December 2021, has resolved to recommend that Justice Abhay Ahuja be appointed as Additional Judge of the Bombay High Court for a fresh term of one-year w.e.f. 4th March 2022," said a statement published on the top court's website.