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HomeTop StoriesPOCSO: Supreme Court overturns Bombay High Court verdict on sexual orientation

POCSO: Supreme Court overturns Bombay High Court verdict on sexual orientation

Supreme Court docket overturns Bombay Excessive Court docket ruling on sexual orientation

It doesn’t fall into sexual harassment except it’s bodily touched. In consequence, sexual harassment won’t be thought-about against the law underneath the POCSO Act. The Supreme Court docket dismissed the controversial Bombay Excessive Court docket judgment.

A 12-year-old woman has been acquitted within the Bombay Excessive Court docket on prices of sexual harassment. The choose within the case, Pushpa Ganediwala, stated that if a baby takes off his garments or touches the pores and skin or genitals instantly along with his palms inside the garments, it should fall underneath the Pokso Act. But when it isn’t in direct contact with the pores and skin or whether it is touched on the garments, it won’t come underneath the Pokso Act. This verdict of Pushpa Ganediwala prompted controversy. The Supreme Court docket then stayed the decision.

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On Thursday, the Supreme Court docket overturned the decision. A 3-judge bench comprising Justice Uday Umesh Lalit, Justice S Rabindra Bhat and Justice Bella M Trivedi dominated that sexual orientation was extra necessary than the place it was being touched or the way it was being finished. A 3-member division bench headed by Justice Uday Umesh Lalit stated that touching the genitals of a kid with sexual intent can’t be dominated out underneath Section 6 of the Pokso Act. The regulation was enacted to stop such crimes. The Bombay Excessive Court docket was insensitive to the decision, utterly ignoring sexual intent. He was utterly dismissed by the Supreme Court docket.

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