The judgment of the Nagpur Bench of the Bombay High Court, which held that groping “without skin-to-skin contact” does not amount to “sexual assault” under the Protection of Children from Sexual Offences (POCSO) Act, has led to apprehension amongst Child leaders regarding the judgement dated 19^th January 2021 granted bail to the accused and observed that, “no direct physical contact – skin to skin with sexual intent, without penetration, would not amount to sexual assault or case under POCSO Act”.

The POCSO Act, 2012 is a comprehensive law to provide for the protection of children from the offences of sexual assault, sexual harassment and pornography while safeguarding the interests of the child at every stage of the judicial process by incorporating child-friendly mechanisms for reporting, recording of evidence, investigation and speedy trial of offences through designated Special Courts.

This judgement stirred the emotions of child leaders and the Child Ministers of National Children’s Parliament expressed from Caritas India Partner ADDSSS, Darjeeling, West Bengal, “We feel painful by the judgement. We children are not legal expert, but we understand how children might feel when they go through such incidents. Child Leaders thanked National Commission for Protection of Child Rights (NCPCR) & Hon’ble Supreme Court of India for taking a positive stand with the 12 years girl child (victim). On behalf of a young citizen of our country Children, club leaders of Darjeeling will write appeal letters to NCPCR, Ministry of Law and Social Justice and Prime Minister’s Office (PMO) and generate awareness that entire society stands together to create a protective environment for all children.”

Caritas India works to create a child-friendly and safe environment to prevent child labour and provide them with rehabilitation and development support. Currently, it is implementing Surokhit Shaishav Program in West Bengal through her partners and supported by Caritas Germany to strengthen Child Protection Systems and eliminate Child Labor in the state of West Bengal.