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| The Bombay High Court in Mumbai, February 2015. (Photo by=Ramnikal Modi/Shutterstock) |
[Asia News Communication = Reporter Reakkana] An Indian court ruled that groping a child through their clothing doesn’t constitute sexual assault, drawing outrage across the country and frustrating campaigners battling to address widespread sexual abuse against women and children, CCN reported.
Last week, Bombay High Court judge Pushpa Ganediwala found that a 39-year-old man wasn’t guilty of sexually assaulting a 12-year-old girl as he hadn’t removed her clothes, meaning there’s no skin-on-skin contact. He was found guilty of sexual assault and sentenced to three years in prison in a lower court, but then appealed to the High Court. Justice Ganediwala acquitted the accused of sexual assault but convicted him on the lesser charge of molestation and sentenced him to one year in prison.
Indians took to social media after the Bombay High Court decision was released to question the logic of the court decision, which sets a new precedent. Other high courts and lower courts around the country will now need to follow the Bombay High Court's decision. The National Commission for Women said it planned to mount a legal challenge to the judgment, which it said will have a "cascading effect on various provisions involving safety and security of women." Sexual assault is a huge issue in India, where sex crimes are often brutal and widespread but are often poorly dealt with under the country's justice system.
