13-year-old requests CJI to remove Justice Ganediwala who gave 'Skin-To-Skin' judgement
Feb 03, 2021
New Delhi [India], February 3 : Zen Sadavarte, an eighth standard student filed a letter petition in the Supreme Court on Wednesday demanding to remove Justice Pushpa Ganediwala as judge of any court.
Justice Ganediwala, a judge of the Nagpur bench of the Bombay High Court, had observed that there should be "skin-to-skin" contact with "sexual intent" for the crime, and mere groping would not be considered as sexual assault, Sadavarte stated.
Sadavarte, 13-year-old National Bravery Awardee, is a rights activist working for child rights, nutritional mid-day meals for children on holidays, for transgender rights, and for reservations.
In her letter petition, Sadavarte said that Justice Ganediwala's, order, "is rather shameful and incorrect in the blessings of right to dignity and natural justice" guaranteed under Article 21 of the Constitution.
She said Justice Ganediwala acquitted that the man accused of sexual assault on the grounds that pressing the breasts of a child over her clothes without direct "skin to skin" physical contact does not constitute "sexual assault" under the Protection Of Children from Sexual Offences (POCSO) Act.
She pleaded with the "deepest sincerity and in the interest of true, appropriate play of law," that Justice Ganediwala should no longer a part of this judicial system, "as Justice/Judge in any court of law, not the district nor the High Court."
"How can we the people of India trust a judge who passes this from inhumane and thoughtless from of justice (injustice)? I do respect the mother body of law (the courts) to the highest merit but until they function well and with 'meditative appliance' of law on this land," the letter petition added.
"To avoid any further malpractice and ill delivery rather mistreatment of law through inedible and unacceptable stereotypes, that Justice Ganediwala showcased", Zen asked the CJI to pass appropriate order to protect the country and judiciary from any further misgiving.
