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Following the controversial "skin-to-skin" judgment passed by Justice Ganediwala of the Bombay High Court and its subsequent stay by the Supreme Court, a 13 year old child rights activist has written to the Chief Justice of India requesting him to disallow Ganediwala J. from continuing in the Indian Judicial system.

In the letter petition, the child activist Zen Sadavarte, a National Bravery Awardee who has been working for child rights, Nutritional Mid-day meals for children on holidays and for transgender rights and reservations, has alleged that Ms. Pushpa Ganediwala(Additional Judge High Court, Bombay) has given a controversial order based on stereotypes and unfit mindset and therefore, it is shameful and incorrect in the light of of right to dignity and Natural Justice guaranteed under Article 21 of the  Indian Constitution if she is allowed to continue her tenure.

“As the matter follows, on 15 January 2020, Justice Ganediwala ruled, that 50- year-old man holding the hand of a five-year-old girl and unzipping pants in front of her was not a sexual offence under POCSO.  And then on January 19 2020, Justice Ganediwala acquitted that man of sexual assault on the grounds that pressing the breasts of a child over her clothes without direct “skin to skin” physical contact does not constitute “sexual assault” under the Protection of Children from Sexual Offences (POCSO) Act.”
- states the letter.

The child right activist has thus urged the Supreme Court that –

“in the interest of true, appropriate play of law, Ms. Ganediwala, should no longer a part of this judicial system as Justice/Judge in any court of law, not the district nor the High Courts”.

The judgment must be viewed as inhumane and as opposed to natural justice. ‘Meditative Appliance’ of the law must be done while deciding a case, the letter state.

Further the child activist prayed that, “to avoid any further malpractice and ill delivery rather mistreatment of law through inedible and unacceptable stereotypes, that Ms. Gunediwala showcased,” the SC CJI should deliver order to protect the country and judiciary from any further misgiving.

Last week, the Bombay High Court (Nagpur bench) had held that 'pressing of breast' and an 'attempt to remove salwar' of a minor would not fall under the definition of 'sexual assault' in terms of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act), but would certainly fall under Section 354 IPC.

Just two days after the judgment was passed, The Supreme Court stayed the acquittal of an accused in terms of the Bombay High Court judgment. 

Attorney General, KK Venugopal had mentioned the prayer seeking stay on it before a bench of Chief Justice SA Bobde, Justices AS Bopanna & V. Ramasubramaniun.

Attorney General KK Venugopal, while urging for a stay, submitted before the Top Court that the instant judgment was is 'likely to set a dangerous precedent'.

The following day, the Supreme Court collegium put in abeyance, the permanent appointment of the Judge to the High Court.

Read Letter Here