Sexual Assault is an unwanted sexual behavior that often offenders use as a way to have sexual pleasure. When someone does something sexual to another person without that person’s consent then it is a criminal act .
“Sexual assault” is outbreaking like a fire and the sad part is that the jurisdiction is neglecting this act. Recently, The Mumbai Trial Court has passed a judgment in favor of offenders of sexual assault!! Yes .. You heard it Right. The corona pandemic is falling short for Mumbai, so here comes the new one.
Therefore, this news has left everyone flabbergasted as the protector of the Mumbai citizens, the one who brings justice is itself doing wrong to their own people. There are many myths around what constitutes sexual assault, so find out the facts.
What is Mumbai High Court Judgement??
What if I slap the front by wearing gloves , does the front not consider it as a Slap?? This is a strange question and you must be thinking what rubbish I am talking about.
Well…well Mumbai High Court has recently behested ridiculous statement on POCSO Act and Sexual Assault . You decide for yourself what Mumbai High Court says is logical or bizarre . So the order states as follows:-
Mumbai High Court Judgement- Groping without SKIN-TO-SKIN contact is not a sexual assault under POCSO Act.
The POCSO Act defines sexual assault as when someone “with sexual intent touches the vagina, penis, anus or breast of the child or makes the child touch the vagina, penis, anus or breast of such person or any other person, or does any other act with sexual intent which involves physical contact without penetration is said to commit sexual assault“. The court, in its verdict, held that this “physical contact” mentioned in the definition of sexual assault must be “skin to skin” or direct physical contact.
Unseen Sexual Assault Chapters in Mumbai
In general, Mumbai is a City of Dreams but in reality, it is a City of Nightmare. Mumbai reported the second highest number of molestation cases in 2019.
Molestation involve sexual harassment, criminal force, with intent to voyeurism and stalking. However, with regard to the rate of crimes against women it ranked 3rd in registering maximum number of rape cases.
This decision from above (Mumbai HC) is not only against the POCSO mandate but the question also arises on the justice process. Generally speaking, The POCSO Act, 2012 provides protection of children from sexual assault while safeguarding the interests of the child at every stage of the Judicial Process.
The Nagpur bench of the Mumbai high court has set aside the conviction of a man who was found guilty under the
POCSO Act for groping a 12-year-old girl four years ago, commuting his punishment.
The man allegedly pressed the breast of the minor. The Mumbai high court is considering the stringent nature of punishment for the offence needs stricter proof and serious allegations.
Admittedly, the observation of court is “there is no case of prosecution as they did not find any compelling evidence that the minor’s top was removed or not and if there is any skin to skin contact”.
Court also said that it does not come under a sexual assault incident, rather it is the disillusionment of a girl’s modesty. Notably, it is clear that the offense pressed the breast of the minor. Nevertheless, the court took the support of the literal interpretation of the section.
Let us introduce another explanation. Lately, a rape accused person sexually assaulted a three year old girl . Rapist killed her and is currently on bail in Maharashtra’s Raigad district.
Intentionally, offenders took the girl to a deserted place behind school in the area where he allegedly raped & eventually killed her. Overall, it clearly specifies that Mumbai high court even overlooked this incident.
Continually there are many contemptible cases to whom after knowing it , you will get mortally scared.
Myths and Facts around sexual assault
1st Myth : Only women is a victim of sexual assault
Fact : Sexual assault is not a gender driven crime. It can happen to anyone – men , women , transgender. Majorly, this happens with women . One of 4, a girl is a victim of sexual assault and one of 6 , a boy is a victim. The offender can also be of any gender.
2nd Myth : If you consent to one thing then it verifies the consentment of everything
Fact : So there is a conjecture that if a girl/boy is fine with having a coffee then they will be ok to have sexual pleasure too. But for your kind information a No means always a BIG NO . Still a depressing fact is that they don’t want to hear that NO word.
3rd Myth : One is blamed partially if she is drunk or wearing sexy clothes or going out at night.
Fact : Always remember “It’s not your fault” . No matter with whom you were , how you were dressed or what you were doing . You have nothing to feel guilty about.
4th Myth: It’s not a sexual assault if you’re a couple or married
Fact : A person is in a relationship because there is an existence of Love. But when a love becomes lust without the front consent then it is an assault. Any unwanted or unpleasant sexual activity in any relationship is assault
On prima facie perusal of the order, I feel that there is a Lack of Clarity in
POCSO Act. But the aim of the act (
POCSO) is safeguarding minors against sexual assault.
Hence the investigators and the lawyers should pay attention to the facts while collecting evidence or passing orders . Also ensure that the accused person is not let off easily. However, there is a need to check how many other Pushpa Ganediwalas are out there who are failing in their duties . Consequently, making completely unassimilated decisions towards her progeny.
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