Judge Pushpa Ganediwala Who Pronounced The Verdict On The ‘Skin to Skin’ Touch Case, Resigns

Nagpur, 11th February 2022: Judge Pushpa Ganediwala, who came into the limelight after hearing the verdict in the Skin to Skin case, has resigned. February 12 would have been the last day of her service as an additional judge in the Bombay High Court, but she resigned from her post on Thursday.

The reason for her resignation could not be ascertained. She is believed to have resigned due to the non-availability of extension as an additional judge and no place in the Supreme Court collegium. Justice Ganediwala is currently presiding over the Nagpur Bench of the Bombay High Court. According to official sources, her resignation has been accepted.

While granting bail to the accused in a molestation case, Judge Pushpa Ganediwala had observed that there was no skin-to-skin contact. Therefore, it cannot be considered sexual violence under the Protection of Children from Sexual Offenses (POCSO) Act. The decision was criticized across the country. Later the Supreme Court also stayed this decision.

Justice Ganediwala had recently acquitted the man accused of touching a particular part of a 12-year-old girl and said that the accused had not made skin-to-skin contact. A few days ago, she had ruled that grabbing the hands of a five-year-old girl and unzipping the zip of the trousers is not a sexual offence under the POCSO Act.

The Supreme Court on January 27 stayed the High Court order after Attorney General KK Venugopal argued that it would set a dangerous precedent. On January 20, the collegium headed by Chief Justice SA Bobde had approved the proposal to make Justice Ganediwala a permanent judge. In two other judgments, Justice Ganediwala had acquitted two men accused of raping minor girls and observed that the testimony of the victims did not instil confidence in fixing criminal accountability on the accused.

After two controversial decisions, the Supreme Court Collegium withdrew the recommendation to elevate Justice Ganediwala as a permanent judge of the High Court. The collegium had recommended giving her a fresh two-year term as an additional judge. The Supreme Court collegium has withdrawn the approval of the proposal to appoint Justice Pushpa Virendra Ganediwala, Additional Judge of the Bombay High Court, as a permanent judge. The collegium had taken this step after their controversial decisions in some cases. The decision was taken following criticism over her interpretation of sexual assault under the Protection of Children from Sexual Offenses (POCSO) Act.