The National Commission for Women has moved the Supreme Court against the Bombay High Court verdict that had held that groping a child’s breasts without “skin-to-skin contact” does not amount to sexual assault under the Protection of Children from Sexual Offences Act, Bar and Bench reported on Thursday.
The NCW has said the interpretation of the High Court that physical contact means “skin-to-skin touch” is perverse and bad in law.
“From a plain reading of relevant provision, it is clear that “sexual assault” in terms of Section 7, POCSO Act, is predominantly a touch by the offender,” the plea said. “If an accused touches a victim [or a victim’s body part] with sexual intent then the act of “sexual assault” is complete. There can be no further classification of contact, i.e. skin to skin contact.”
The petition added that physical contact cannot be given an absurd interpretation of a touch or contact without clothes.
Section 7 of the POCSO Act…