18 Feb 2021: Woman sends condoms to HC judge over her controversial rulings
A woman from Ahmedabad claims to have sent 150 condoms to Bombay High Court Additional Judge - Justice Pushpa V Ganediwala - as a mark of protest against her recent controversial rulings in two sexual assault cases, that drew attention from one and all across the country.
Devshri Trivedi says she had sent the condom packets to 12 locations, including the judge's official residence.
Fact: Cannot tolerate injustice, Trivedi says
"I cannot tolerate injustice. A minor girl did not get justice because of a judgment by Justice Ganediwala. I am demanding that she (Justice Ganediwala) be suspended," Trivedi, who identifies herself as a political analyst, said, according to a report in India Today.
Context: 'Touching breasts without skin contact not sexual assault'
With her statement, Trivedi made a reference to the January 19 verdict by Justice Ganediwala where she acquitted a man of sexual assault, ruling that the act of pressing a child's breasts over her clothes without direct "skin-to-skin" contact does not constitute sexual assault under the Protection of Children from Sexual Offences (POSCO) Act.
The ruling has since drawn widespread criticism from various sections.
Fact: 'Holding minor's hands and opening the zip not sexual assault'
In another contentious ruling that drew flak, Justice Ganediwala had held that the act of "holding the hands of a minor" with the accused "opening the zip of pants" cannot be termed sexual assault under the same Act.
Details: Have done nothing wrong by sending condoms: Trivedi
Trivedi said she had sent the condom packets on February 9, and has since received delivery reports for some of them.
"As a woman, I do not feel I have done anything wrong. I do not have any guilt. Women have to stand up for their rights. By this order of Justice Ganediwala, men can go scot-free for sexually assaulting girls over their clothes."
Response: Trivedi may be charged for contempt, says lawyer
However, Trivedi's act of protest against Ganediwala may have legal consequences.
The Registry Office of the Nagpur Bench has denied receiving any condom packets.
Meanwhile, Shrirang Bhandarkar, a senior advocate of the Nagpur Bar Association, reportedly said, "This is a clear case of contempt."
"We demand that action should be taken against this woman (Trivedi)," he was quoted as saying.
Other details: Who is Justice Ganediwala?
Justice Ganediwala was appointed as the Additional Judge of the High Court in February 2019.
She had been recommended to be made a permanent judge by the Supreme Court Collegium in January this year. However, after her controversial judgments surfaced, the Collegium reportedly rolled back its decision.
Last week, the government extended her tenure as Additional Judge for one year.