Tuesday, Jun 9, 2026
English News
  • Hyderabad
  • Telangana
  • AP News
  • India
  • World
  • Entertainment
  • Sport
  • Science and Tech
  • Business
  • Rewind
  • ...
    • NRI
    • View Point
    • cartoon
    • My Space
    • Education Today
    • Reviews
    • Property
    • Lifestyle
E-Paper
  • NRI
  • View Point
  • cartoon
  • My Space
  • Reviews
  • Education Today
  • Property
  • Lifestyle
Home | Editorials | Travesty Of Justice

Travesty of justice

In India where women’s safety has poor record, acquittals based on technical definition will do great harm to the cause of justice

By Telangana Today
Published Date - 30 January 2021, 12:10 AM
Travesty of justice
whatsapp facebook twitter telegram

The lessons learnt from the Nirbhaya tragedy must lead towards a criminal justice system that is free from loopholes and stands by the victim at all costs. In a case involving technical definition of what constitutes a sexual assault, the Supreme Court has rightly ordered a stay on the Bombay High Court’s ruling that groping without ‘skin-to-skin’ contact will not be classified as sexual assault under the Protection of Children from Sexual Offences (POCSO) Act. The interpretation made by the Nagpur bench of the Bombay High Court was certainly problematic, triggering public outrage. The High Court’s judgement pertained to the case of a 12-year-old girl who was allegedly abused by a 39-year-old man in 2016. The girl’s mother had alleged that their neighbour Satish had lured her daughter into his house on the pretext of giving her something to eat and then sexually assaulted her. When the girl called for help, the man had fled the spot. The girl was rescued by her mother. A special sessions court had sentenced the accused to three years in jail. Overturning the order, the high court said groping without ‘skin-to-skin’ contact will not be considered as sexual assault. However, it must be pointed out that stalking, which may not necessarily be skin-to-skin in nature, could be equally detrimental for the victim. There is no mention of skin-to-skin or direct contact as a necessary factor for qualifying as sexual assault under the POCSO Act. In such a case, the acquittal of a man for not fulfilling such a requirement would be unfair to the victim.

The main question before the high court was whether the alleged acts of the accused would fall within the definition of ‘sexual assault’ under the POCSO Act. Sexual assault is a wide term and in its most basic understanding would mean as any harm done to a person in a sexual manner. While interpreting the meaning of ‘touching’ and ‘physical contact’ in Section 7 of the POCSO Act, the court ruled that the case did not fulfil the criteria for conviction. However, such an interpretation ignores the context and purpose of the Act. In a country where women’s safety and security have an appalling record, such acquittals based on technical interpretation would do great harm to the cause of justice and exacerbate the divide between the common public and our legal justice system. A survey conducted by the Thomson Reuters Foundation in 2018 had ranked India as the ‘most dangerous country for women.’ Every day, an average of 130 children are sexually abused in the country. What is more alarming is that several cases of sexual assault go unreported for various reasons, including kinship with the perpetrator and lack of trust in the tedious judicial system.


 

Also Read

Skin to Skin contact: SC stays Bombay HC order acquitting man under POCSO


Now you can get handpicked stories from Telangana Today on Telegram everyday. Click the link to subscribe.

Click to follow Telangana Today Facebook page and Twitter

  • Follow Us :
  • Tags
  • Nirbhaya tragedy
  • POCSO Act
  • skin-to-skin
  • travesty of justice

Related News

  • SC invokes Article 142, acquits man convicted under POCSO after marriage to victim

    SC invokes Article 142, acquits man convicted under POCSO after marriage to victim

  • Woman lodges FIR 6 years after ‘rape’ by neighbour; husband of 2 months helped her approach police

    Woman lodges FIR 6 years after ‘rape’ by neighbour; husband of 2 months helped her approach police

  • Kerala HC grants one-month transit anticipatory bail to Kumbh Mela star’s husband

    Kerala HC grants one-month transit anticipatory bail to Kumbh Mela star’s husband

  • Elderly man jailed for sexually assaulting minor girl

    Elderly man jailed for sexually assaulting minor girl

Latest News

  • Biochar key to improving soil health and climate-smart farming: SKLTHU VC

    3 mins ago
  • FNECS says AoC alternative roads offer no benefit to north-eastern colonies

    6 mins ago
  • After criticism, Telangana govt issues fresh tuition fee reimbursement guidelines

    8 mins ago
  • Eight-year-old recovers after 36 days on ECMO support at Rainbow Children’s Hospital

    11 mins ago
  • Minister asks officials to prepare proposals for solar and pumped storage projects

    13 mins ago
  • Three Hyderabad siblings drown in Godavari while taking holy dip near Basar

    15 mins ago
  • CID team visits Mamata Banerjee’s Kalighat office in forged signature probe

    19 mins ago
  • 14 Kuki hostages released after month-long abduction in Manipur

    26 mins ago

company

  • Home
  • About Us
  • Contact Us
  • Privacy Policy

business

  • Subscribe

telangana today

  • Telangana
  • Hyderabad
  • Latest News
  • Entertainment
  • World
  • Andhra Pradesh
  • Science & Tech
  • Sport

follow us

  • Telangana Today Telangana Today
Telangana Today Telangana Today

© Copyrights 2024 TELANGANA PUBLICATIONS PVT. LTD. All rights reserved. Powered by Veegam