https://lastbloggers.com/it-was-a-sexual-assault-wait-was-it/
When exactly would you say that a pass was made on you? Do we recognize the signs
early enough? When exactly would you say that a person entered your vicinity without
your consent? Again, any marked line? Can you tell if you were groped or was it just an
accidental touch?
early enough? When exactly would you say that a person entered your vicinity without
your consent? Again, any marked line? Can you tell if you were groped or was it just an
accidental touch?
The recent verdict of the Mumbai high court has raised so many questions on so many
levels, social, ethical, and legal. A 39-year old man groped a 12-year old girl’s breasts
without removing her clothes. The court ruled that the offense cannot be termed as
sexual assault and, instead, constitutes the offense of outraging a woman’s modesty
under IPC section 354.
levels, social, ethical, and legal. A 39-year old man groped a 12-year old girl’s breasts
without removing her clothes. The court ruled that the offense cannot be termed as
sexual assault and, instead, constitutes the offense of outraging a woman’s modesty
under IPC section 354.
Imagine this, you are walking down a crowded street, and out of nowhere, you feel your
back being touched just for a little longer than it should have been. Wouldn’t you take a
few moments to imbibe what just happened to you? At first, you might be dismissive of
the thoughts of groping. It would have been accidental is what you are reassuring
yourself. It is after a long bout of processing that you can finally admit it as intentional.
back being touched just for a little longer than it should have been. Wouldn’t you take a
few moments to imbibe what just happened to you? At first, you might be dismissive of
the thoughts of groping. It would have been accidental is what you are reassuring
yourself. It is after a long bout of processing that you can finally admit it as intentional.
But what if it actually was incidental?
Confused?
So is everyone.
Confused?
So is everyone.
The Mumbai high court stated and I quote, groping a minor’s breast without ‘skin-to-skin
contact’ cannot be termed sexual assault as defined under the Protection of Children
from Sexual Offences (POCSO) Act.
Activists say it is outrageous, obnoxious, and unacceptable. It is unacceptable, right?
A touch, with sexual intent, with or without clothes is a sexual touch. Why is there a
malediction about it?
contact’ cannot be termed sexual assault as defined under the Protection of Children
from Sexual Offences (POCSO) Act.
Activists say it is outrageous, obnoxious, and unacceptable. It is unacceptable, right?
A touch, with sexual intent, with or without clothes is a sexual touch. Why is there a
malediction about it?
ow imagine scenario two. You are walking down a street. Suddenly you collapsed (you
could have had a pre-existing condition or something, just for the logic) and need CPR.
A person comes to your rescue. Would you charge the person of sexual assault or
thank him/her for saving your life?
could have had a pre-existing condition or something, just for the logic) and need CPR.
A person comes to your rescue. Would you charge the person of sexual assault or
thank him/her for saving your life?
Coming back to the Mumbai verdict, let us just be case-specific here. It IS a dangerous
precedent set by the court. The court said that for an act to be considered sexual
assault it has to be “skin to skin contact with sexual intent”. The ‘skin to skin’ part, is
ethically and morally, and socially wrong. But people turned a blind eye towards the
‘sexual intent’ part. We do not have the case facts. No one knows the intent of the man.
The mother of the victim complained on a hearsay basis. Ain’t we going a little too far by
requesting a tougher sentence for the man?
precedent set by the court. The court said that for an act to be considered sexual
assault it has to be “skin to skin contact with sexual intent”. The ‘skin to skin’ part, is
ethically and morally, and socially wrong. But people turned a blind eye towards the
‘sexual intent’ part. We do not have the case facts. No one knows the intent of the man.
The mother of the victim complained on a hearsay basis. Ain’t we going a little too far by
requesting a tougher sentence for the man?
There are a lot of people who are
wrongfully acquitted and they have to go through hell for a crime they did not commit.
wrongfully acquitted and they have to go through hell for a crime they did not commit.
Data analysis of Prison Statistics India (PSI), 2019, shows that 69.0% (3,30,487) of the total population of prisoners (4,78,600) are under trial.
Wasn’t the legal principle about “innocent until proven guilty”?
Wasn’t the legal principle about “innocent until proven guilty”?
