"It is nothing but perverse" expressed former Chief Justice Pradeep Nandrajog of the Bombay High Court while commenting on the Nagpur bench's verdict making mandatory "skin to skin" contact for establishing sexual assault under POCSO.
"The reasoning was perverse and even the order. The judgment is bad and must not sustain as it would have larger implications," CJ Nandrajog told the Free Press Journal.
He further said that the judge could have avoided giving such reasoning.
"The order is all the more shocking especially when it is pronounced by a lady judge. Had it been given by a male judge, we could have considered that the judge had a patriarchal mindset," he said, adding, "But the female judge could have avoided it."
"The judgment notifies the patriarchal mindset and would have a really bad impact on the society," he said.
Commenting on the facts of the case, CJ Nandrajog said pressing breasts though above the fabric speaks volumes about the sexual intent.
"If that is the reasoning, take for example a man wears gloves and touches a lady everywhere, would the man let go since there wasn't any skin to skin touch?" he said.
"Similarly, what if a man rapes a girl by wearing a condom. He would have the excuse that there was no skin to skin contact. Thus, the reasoning is perverse and must be expunged," CJ Nandrajog opined.
