Why Justice Pushpa Ganediwala of Bombay High Court resigned as judge

Bombay High Court judge Pushpa Ganediwala, who had triggered a controversy with a couple of her rulings on sexual assault, has resigned, according to official sources, news agency PTI reported.

Ganediwala’s tenure as additional judge of was to end on Saturday, but she put in her papers as her judgeship was not extended by the Supreme Court collegium.

The collegium had neither approved her promotion, which meant she would no longer be a judge of the Nagpur bench of the Bombay high court after February 12 and she would be demoted as district sessions judge.

Ganediwala’s resignation has been accepted, sources told PTI.

Also read: Is ‘skin-to-skin contact’ necessary to prove sexual assault’?

The judge had drawn flak over two of her rulings on sexual assault. In one case, she had ruled that there has to be skin-to-skin contact with sexual intent in order for the act to be considered an offence of sexual assault under the POCSO Act.

In the other case, she had ruled that holding hands of a minor girl and opening of zip of her pants does not fall under the definition of sexual assault under the Act.

Apparently, the Supreme Court collegium, which decides on recruitment, promotion and extensions, was not happy with her rulings and had even overturned her orders.