Judge Pushpa Ganediwala, who gave two controversial judgements back to back in January, has been granted extension as High Court judge, reported by India Head News
As a judge in the Nagpur bench of the Bombay HC, she passed two judgements concerning Protection of Children from Sexual Offences Act, 2012 causing a national outcry. The first judgement became infamously known as the “skin to skin contact”.
In this case, she ruled that while a man being convicted for outraging a woman’s modesty under IPC cannot be said as sexual assault under POCSO. She stated that touching breast without ‘skin to skin’ contact could not be deemed as sexual assault. The situation made its way to the Apex Court, who had temporarily stayed the judgement. The second said that ‘mere groping would not be held as sexual assault’.
After the national rage over the first judgement, the Supreme Court Collegium withdrew its recommendation for the judge to appoint her as a permanent judge under Bombay HC. However, with the recent movements, this seems to have changed. Her term as an additional judge was to end today, but a last-minute extension means the continuation of additional judgeship.
It now seems that some news reports had inaccurately reported the SCC’s demotion as District and Sessions judge. According to sources of India Ahead News that the Supreme Court Collegium had sent a fresh recommendation to extend her term as an additional judge for another year, earlier this week. It was felt that demoting her would send a wrong impression about her capabilities as a judge