Mahila Swaraj expresses disappointment over Bombay High Court order granting bail to accused of POCSO offenses

The recent judgment of the Bombay High Court in the case of sexual assault of a minor boy is worrying and deserves attention. Hon'ble Judge granted bail to the accused saying that kissing on lips and touching of private parts of minor is not an unnatural offense under section 377 of IPC. Given that the victim here is a minor and the matter is to be dealt with under the Protection of Children from Sexual Offenses (POCSO) Act, such an order is shocking.

The basic objective of the POCSO Act is to protect our children from sexual abuse and to take strict action against crimes. The principles of the POCSO Act also hold that, even if there was only intention to commit misbehavior and for whatever reason it failed, the offender should be punished. There is an increasing demand to create awareness among minors through schools to help distinguish "bad touch" from "good touch". In such circumstances, the statements of the Bombay High Court create dismay and panic.

Mahila Swaraj appeals to the Hon'ble Chief Justice of India to initiate a dialogue within the judiciary to build understanding on the provisions of the POSCO Act, to ensure that arbitrary interpretations are minimized, and the justice process and spirit be given in both. It must be understood indisputably that children are nave and innocent, and more vulnerable to sexual abuse.