'Skin-to-skin' case: SC says sexual abusers 'not trying to touch clothing', reserves order

In a key development in the 'skin-to-skin contact' order passed by the Bombay HC (Nagpur Bench), on September 30, the Supreme Court reserved its judgement on appeals. In the case, the order held that groping a minor's breasts without the element of skin touching cannot be deemed as sexual assault as defined under the Protection of Children from Sexual Offences (POCSO) Act and the misdeed would conclude as molestation. The Attorney General of India, KK Venugopal, along with the National Commission for Women (NCW) had challenged the order on the account of setting a 'dangerous precedent'.

Perpetrators 'are not trying to touch clothing': SC 

Responding to submissions and contentions, the Bench of Justices UU Lalit, Ravindra Bhat and Bela Trivedi stated, "What does touch mean, simply a touch? Even if you're wearing a piece of clothing, they are not trying to touch clothing. We must see touch in the meaning that Parliament intended."

Further, the Bench said, "Heard counsel for the parties, parties are at liberty to file their written submissions within three days. Order Reserved,"

Attorney General urges Apex Court to reverse 'skin-to-skin contact' POCSO judgement

On September 29, the Attorney General of India had submitted that the order passed by Justice Pushpa Ganediwala of the Bombay HC (Nagpur Bench) demonstrates a lack of sensitivity to the known fact that children are most vulnerable to sexual abuses owing to their inability to defend themselves. Emphasising the seriousness of the matter, the Attorney General cited findings of Kailash Satyarthi's Report on the status of POCSO cases before different courts nationwide and brought the court's attention to the number of such cases reported in a year. In the absence of 'skin-to-skin contact', the top law officer contended that if a person donned gloves and sexually abused a child, he would be acquitted; as the man accused in the concerned case was acquitted via the impugned order.

On August 25, A-G Venugopal had stated that going by the approach of the Bombay HC, anybody can get away with a sexual assault offence by wearing surgical gloves. The Apex Court, which was hearing the distinct appeals of the A-G and the National Commission for Women (NCW), had stayed the Bombay HC verdict which acquitted a man under the POCSO Act saying "groping a minor's breast without 'skin to skin' contact cannot be termed as sexual assault". The verdict was criticised by legal experts and child rights activists.