TFIPOST हिन्दी
TFIPOST Global
Tfipost.com
Tfipost.com
No Result
View All Result
  • Premium
  • Politics
    • All
    • Analysis
    • Opinions
    • Trending
    Prime Minister Narendra Modi departs from New Delhi on June 15, 2025, for a three-nation tour to Cyprus, Canada, and Croatia. (Image courtesy: PMO/IANS)

    After Operation Sindoor, PM Modi’s 3-Nation Tour Sends a Clear Message: India Will Lead the Global War on Terror

    Relief and rescue operations underway at crash location

    Kedarnath Helicopter Crash: A Wake-Up Call for Safety Amid the Spiritual Surge

    Same Seat, Same Miracle: Thai Singer’s 11A Survival Mirrors Air India Tragedy

    Thai Singer Reveals Chilling Link to Air India Crash Survivor: Both Sat in Seat 11A

    Operation Rising Lion: Israel’s Covert Strike on Iran and Mossad’s Expanding Footprint

    Israel’s Covert Strike on Iran and Mossad’s Expanding Footprint

    • Analysis
    • Opinions
    • Trending
  • Economy
    • All
    • Business
    • Economy1
    • Finance
    PM Narendra Modia

    11 Years of Modi Govt: Making Welfare Seamless with Direct Benefit Transfers, DigiLocker, UMANG

    India Ranks 2nd Globally in Social Security Coverage for the Poor, Says ILO

    India Ranks 2nd Globally in Social Security Coverage for the Poor, Says ILO

    real estate

    India Retains Top Spot Among Global Investment Hubs for Land and Development Projects

    How a Compound Interest Calculator Can Boost Your Returns in India?

    How a Compound Interest Calculator Can Boost Your Returns in India?

    • Business
    • Finance
  • Defense
    • All
    • Defence
    • Strategy
    • Weaponry
    congress leader likens operation sindoor to a computer game

    Congress’ Patole terms Operation Sindoor as ‘Video Game’, Sparks Controversy

    India-Russia Pact on the Su‑57 as a Leap of Strategic Trust

    From Buyer to Partner: What the Su‑57 Means for India’s Military Autonomy Inside Russia’s Su‑57 Gamble with India

    Dassault and Tata to Begin Rafale Fuselage Production in India

    Dassault and Tata to Begin Rafale Fuselage Production in India, Marking Major Milestone in Defence Manufacturing

    Mock Drills Under ‘Operation Shield’ Scheduled Today in Border States and UTs

    Mock Drills Under ‘Operation Shield’ Scheduled Today in Border States and UTs

    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • All
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
    top officials killed in Iran

    Israel’s Operation ‘Rising Lion’ Strikes Iran, Decimates Top Military and Nuclear Command in a Single Night

    The Dismantling of Iran’s Revolutionary Grip and What India Can Learn from Israel

    The Dismantling of Iran’s Revolutionary Grip and What India Can Learn from Israel

    israel iran tensions escalate

    Air India Flights Diverted or Recalled as Iran-Israel Conflict Escalates; India Issues Advisory to Citizens in Israel

    Israel Launches Preemptive Strikes on Iran; Explosions Reported in Tehran

    Israel Launches Preemptive Strikes on Iran; Explosions Reported in Tehran

    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • All
    • Culture
    • Education
    • History
    • Indology
    jagannath rath yatra

    Everything You Need to Know About Jagannath Rath Yatra: History, Significance, Rituals, and Celebrations

    Bobby Mukkamala Becomes 1st Indian-American President of AMA

    Bobby Mukkamala Becomes First Indian-American President of the American Medical Association

    The Vedic Ethos: A Civilization of Knowledge and Inquiry

    From Rigvedic Wisdom to Modern Decay: How Islamisation Crushed a Knowledge Civilization

    Ram Mandir Pran Pratishtha 2.0

    Thousands Gather in Ayodhya for Ram Darbar Pran Pratishtha Ceremony

    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • All
    • Books
    • Cinema
    • Entertainment
    • Food
    • Games
    • Health
    • Lifestyle
    • Satire
    • Sports
    • technology
    • Travel
    unhealthy food

    The 10 Most Unhealthy Foods You Might Want to Rethink

    ODI highest score team: A record-breaking journey Through cricket’s biggest totals

    ODI highest score team: A record-breaking journey Through cricket’s biggest totals

    Bangalore: High Court of Karnataka in Bangalore. (Photo: IANS)

    RCB Moves HC to Quash FIR in Bengaluru Stampede Case, Cites Govt Approval for Celebration

    Slot Machines for Indian Players: Exclusive Gameplay for Real Money

    Slot Machines for Indian Players: Exclusive Gameplay for Real Money

    • Books
    • Cinema
    • Food
    • Health
    • Sports
    • technology
    • Travel
    • Satire
Tfipost.com
  • Premium
  • Politics
    • All
    • Analysis
    • Opinions
    • Trending
    Prime Minister Narendra Modi departs from New Delhi on June 15, 2025, for a three-nation tour to Cyprus, Canada, and Croatia. (Image courtesy: PMO/IANS)

    After Operation Sindoor, PM Modi’s 3-Nation Tour Sends a Clear Message: India Will Lead the Global War on Terror

    Relief and rescue operations underway at crash location

    Kedarnath Helicopter Crash: A Wake-Up Call for Safety Amid the Spiritual Surge

    Same Seat, Same Miracle: Thai Singer’s 11A Survival Mirrors Air India Tragedy

    Thai Singer Reveals Chilling Link to Air India Crash Survivor: Both Sat in Seat 11A

    Operation Rising Lion: Israel’s Covert Strike on Iran and Mossad’s Expanding Footprint

    Israel’s Covert Strike on Iran and Mossad’s Expanding Footprint

    • Analysis
    • Opinions
    • Trending
  • Economy
    • All
    • Business
    • Economy1
    • Finance
    PM Narendra Modia

    11 Years of Modi Govt: Making Welfare Seamless with Direct Benefit Transfers, DigiLocker, UMANG

    India Ranks 2nd Globally in Social Security Coverage for the Poor, Says ILO

    India Ranks 2nd Globally in Social Security Coverage for the Poor, Says ILO

    real estate

    India Retains Top Spot Among Global Investment Hubs for Land and Development Projects

    How a Compound Interest Calculator Can Boost Your Returns in India?

    How a Compound Interest Calculator Can Boost Your Returns in India?

    • Business
    • Finance
  • Defense
    • All
    • Defence
    • Strategy
    • Weaponry
    congress leader likens operation sindoor to a computer game

    Congress’ Patole terms Operation Sindoor as ‘Video Game’, Sparks Controversy

    India-Russia Pact on the Su‑57 as a Leap of Strategic Trust

    From Buyer to Partner: What the Su‑57 Means for India’s Military Autonomy Inside Russia’s Su‑57 Gamble with India

    Dassault and Tata to Begin Rafale Fuselage Production in India

    Dassault and Tata to Begin Rafale Fuselage Production in India, Marking Major Milestone in Defence Manufacturing

    Mock Drills Under ‘Operation Shield’ Scheduled Today in Border States and UTs

    Mock Drills Under ‘Operation Shield’ Scheduled Today in Border States and UTs

    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • All
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
    top officials killed in Iran

    Israel’s Operation ‘Rising Lion’ Strikes Iran, Decimates Top Military and Nuclear Command in a Single Night

    The Dismantling of Iran’s Revolutionary Grip and What India Can Learn from Israel

    The Dismantling of Iran’s Revolutionary Grip and What India Can Learn from Israel

    israel iran tensions escalate

    Air India Flights Diverted or Recalled as Iran-Israel Conflict Escalates; India Issues Advisory to Citizens in Israel

    Israel Launches Preemptive Strikes on Iran; Explosions Reported in Tehran

    Israel Launches Preemptive Strikes on Iran; Explosions Reported in Tehran

    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • All
    • Culture
    • Education
    • History
    • Indology
    jagannath rath yatra

    Everything You Need to Know About Jagannath Rath Yatra: History, Significance, Rituals, and Celebrations

    Bobby Mukkamala Becomes 1st Indian-American President of AMA

    Bobby Mukkamala Becomes First Indian-American President of the American Medical Association

    The Vedic Ethos: A Civilization of Knowledge and Inquiry

    From Rigvedic Wisdom to Modern Decay: How Islamisation Crushed a Knowledge Civilization

    Ram Mandir Pran Pratishtha 2.0

    Thousands Gather in Ayodhya for Ram Darbar Pran Pratishtha Ceremony

    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • All
    • Books
    • Cinema
    • Entertainment
    • Food
    • Games
    • Health
    • Lifestyle
    • Satire
    • Sports
    • technology
    • Travel
    unhealthy food

    The 10 Most Unhealthy Foods You Might Want to Rethink

    ODI highest score team: A record-breaking journey Through cricket’s biggest totals

    ODI highest score team: A record-breaking journey Through cricket’s biggest totals

    Bangalore: High Court of Karnataka in Bangalore. (Photo: IANS)

    RCB Moves HC to Quash FIR in Bengaluru Stampede Case, Cites Govt Approval for Celebration

    Slot Machines for Indian Players: Exclusive Gameplay for Real Money

    Slot Machines for Indian Players: Exclusive Gameplay for Real Money

    • Books
    • Cinema
    • Food
    • Health
    • Sports
    • technology
    • Travel
    • Satire
No Result
View All Result
Tfipost.com
Tfipost.com
No Result
View All Result
  • Premium
  • Politics
  • Economy
  • Defense
  • Geopolitics
  • Knowledge
  • Law
  • Lounge

Change the law, don’t criticise the one simply reading it: The unfair hounding of Justice Pushpa Ganediwala

TFI Desk by TFI Desk
1 February 2021
in Trending
Pushpa Ganediwala, Bombay High Court, POCSO
Share on FacebookShare on X

After making a hattrick of controversial decisions by acquitting accused persons under the Protection of Children from Sexual Offences (POCSO) Act, Justice Pushpa Ganediwala has started to face criticism. According to news reports, Supreme Court Collegium has taken a decision regarding Justice Pushpa. The Collegium has put the appointment of Justice Ganediwala as a permanent judge of the Bombay High Court on hold. Currently, she is serving as an additional judge on the Nagpur bench of the Bombay High Court.

The three-member Collegium headed by Chief Justice of India, SA Bobde, and also comprising Justices NV Ramana and Rohinton Fali Nariman decided to recall its January 20 recommendation made to the Central government to make Justice Ganediwala a permanent judge.

RelatedPosts

Bombay High Court Restrains Arrest of Comedian Kunal Kamra in FIR Over Satirical Video

Kerala: Madrasa teacher Mohammed Rafi, a repeat offender, sentenced 187 years jail term for sexually exploiting minor for 2 years during COVID

Insensitivity: SC stays Allahabad HC’s controversial ‘grabbing breasts not attempt to rape’ order

Load More

It was on January 14 that Justice Ganediwala gave first of three decisions that brought the spotlight on her. In the Jageshwar Wasudeo Kawle v. State of Maharashtra case, she reversed a conviction order after noting that there was nothing supporting the prosecution’s case for rape.

On January 15, she held that the act of holding hands of a minor or the zip of the pants of the accused being open at the relevant time does not amount to sexual assault as defined under Section 7 of the POCSO Act.

As reported by TFI, the last judgment passed on January 19 presumably was the last straw for Justice Ganediwala as she remarked that there must be “skin to skin contact with sexual intent,” for an act to be considered sexual assault. Long story short, touching a minor girl’s breast without removing the top wouldn’t be considered sexual assault but would be regarded as outraging the modesty of a woman under the Indian Penal Code (IPC).

Justice Ganediwala’s ruling in the case was later stayed by the Supreme Court bench headed by CJI SA Bobde after Attorney General KK Venugopal mentioned, “It is a very disturbing conclusion (by Bombay High Court).”

Read more: Those criticising the High Court judge for the skin-to-skin-contact verdict should be demanding a change in the POCSO act itself

However, while Justice Ganediwala’s decisions reek of narrow-mindedness and lack of competency — it is not the fault of the Judge as the POCSO Act seems pretty archaic in its definition of what constitutes a sexual assault. 

The outrage is justified but it should be diverted towards amending the POCSO act which was passed in 2012 and has such a vague definition. In criminal law, a strict interpretation of any written statute is required and Justice Ganediwala hasn’t crossed any lines if we go by the interpretation of the law.

Justice Ganediwala should not be made a scapegoat for the glaring deficiencies in the POCSO Act. The POCSO Act defines sexual assault as when someone “with sexual intent touches the vagina, penis, anus or breast of the child or makes the child touch the vagina, penis, anus or breast of such person or any other person, or does any other act with sexual intent which involves physical contact without penetration is said to commit sexual assault”.

Justice Ganediwala, who will turn 52 in March, has had a long tenure of 10 years as a judge and some of her rulings have been significant and path-breaking.

Ganediwala was part of a bench that headed a significant ruling by highlighting that parole is limited right available to prisoners, and not merely an administrative decision. Notably, the Court has also struck down a provision that had barred convicts in Maharashtra from seeking multiple paroles in a year.

According to News18, in September 2020, Ganediwala and along with a fellow judge heard a case concerning the shortage of available hospital beds and treatment facilities for patients with Covid-19 in Nagpur, Maharashtra, and directed the State Government of Maharashtra to make available sufficient staff and facilities for treatment.

Targeting Justice Ganediwala might be bad for optics because her track record has been phenomenal and the three judgments she has made stand the test of the law. The SC collegium should take a rational approach, not swayed by the overcharged public sentiment, and try to work the chinks present in the POCSO Act, which to begin with, is the root cause of the controversy.

Tags: Bombay High CourtPOCSO ActPushpa Ganediwala
Share44TweetSend
Previous Post

Myntra was extremely stupid to bow down to a hyperfeminist’s demands. Because every logo can offend us if we look a little closely

Next Post

Wondering If You Need Masks in 2021? Read This

Related Posts

Prime Minister Narendra Modi departs from New Delhi on June 15, 2025, for a three-nation tour to Cyprus, Canada, and Croatia. (Image courtesy: PMO/IANS)
Trending

After Operation Sindoor, PM Modi’s 3-Nation Tour Sends a Clear Message: India Will Lead the Global War on Terror

15 June 2025

In a bold move that comes just days after the Pahalgam terror attack and the decisive Operation Sindoor by...

Relief and rescue operations underway at crash location
Trending

Kedarnath Helicopter Crash: A Wake-Up Call for Safety Amid the Spiritual Surge

15 June 2025

In the sacred land where devotees arrive seeking salvation, a tragic incident has shaken the nation. Early Sunday morning,...

Same Seat, Same Miracle: Thai Singer’s 11A Survival Mirrors Air India Tragedy
Trending

Thai Singer Reveals Chilling Link to Air India Crash Survivor: Both Sat in Seat 11A

14 June 2025

As investigations continue into the Air India flight AI-171 crash in Ahmedabad, a Thai singer has come forward with...

Load More

Comments 2

  1. Harry says:
    4 years ago

    Will this lady judge not use her brain – or is she there to just read the law as written in POCSO act ?

    Reply
  2. Sundeep Shukla says:
    4 years ago

    The Court has to be absolutely specific and follow the writ of the law. There cannot be any ambiguity, loose interpretation or creative license taken by the bench in rendering judgement. Such actions lead to challenging the court as well as set a very dangerous precedent.
    Amend the law. Do not punish a judge for following the letter of the law.

    Reply

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

I agree to the Terms of use and Privacy Policy.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Currently Playing

Marriage gone murderous: expert explains the gruesome murder case.

Marriage gone murderous: expert explains the gruesome murder case.

00:13:01

An Israeli tells why Israel hit Iran | Middle East Crisis |

00:33:03

From parliament to primetime: smriti irani is Tulsi again!

00:03:24

Islam is on the track to become the fastest growing religion in the world.

00:09:34

BJP, bakrid and the cow. CM Manik Saha in eye of the storm.

00:03:56
Facebook Twitter Instagram Youtube
tfipostTfipost.com
Right Wing | News Analysis | Indian Opinion
  • About us
  • Careers
  • Brand Partnerships
  • Terms of use
  • Privacy Policy
  • Sitemap

©2025 TFI Media Private Limited

No Result
View All Result
  • Premium
  • Politics
    • Analysis
    • Opinions
    • Trending
  • Economy
    • Business
    • Finance
  • Defense
    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • Books
    • Cinema
    • Food
    • Health
    • Sports
    • technology
    • Travel
    • Satire
TFIPOST हिन्दी
TFIPOST Global

©2025 TFI Media Private Limited