National Commission for Women welcomes Supreme Court verdict Setting Aside Bombay HC’s Skin-to-Skin Judgment

National Commission for Women (NCW) has welcomed the Hon’ble Supreme Court of India’s order setting aside the Bombay High Court’s Nagpur bench’s judgment that held that skin-to-skin contact was necessary for the offence of sexual assault under the Protection of Children from Sexual Offences (POCSO) Act. Welcoming the Hon’ble Supreme Court’s verdict the Commission said that the apex court’s decision in the matter will uphold the legal and constitutional safeguard for women and children.

The apex court in its judgment said that sexual intent is important in such cases and that it can’t be taken away from the purview of the Act. The purpose of the law cannot be to allow the offender to escape the meshes of the law, the apex court said. The top court noted that giving a narrow meaning of physical contact to confine it to skin-to-skin contact would defeat the purpose of POCSO Act and it cannot be accepted.

NCW had filed an SLP on February 4, 2021 before the Hon’ble Supreme Court challenging the judgment of Bombay High Court’s Nagpur bench stating that it would set a dangerous precedent for women safety in the country.

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BY/AS