Law Ministry notifies resignation of Justice Ganediwala

The government on Monday notified the resignation of Justice Pushpa Ganediwala, who faced flak over a series of judgments deemed controversial for the interpretation of what constitutes 'sexual assault' under the Protection of Children from Sexual Offences (POCSO) Act.

The Bombay High Court judge had tendered her resignation on February 11.

Ganediwala, while delivering one of her judgements in a child sexual abuse case in 2021, observed that there should be ''skin-to-skin contact with sexual intent'' in order to be considered as sexual assault. ''Smt. Justice Pushpa Virendra Ganediwala, has tendered her resignation from the office of Additional Judge, Bombay High Court, in pursuance of proviso (a) to clause (1) of Article 217 of the Constitution, with effect from 11th February, 2022,'' the Department of Justice in the Law Ministry said in a notification.

Justice Ganediwala had tendered her resignation a day before her tenure as additional judge was to end as she was neither given extension nor elevated as a permanent judge by the Supreme Court collegium.

After her judgments delivered in January and February 2021, the apex court collegium had withdrawn its recommendation to appoint Justice Ganediwala as a permanent judge and instead extended for one year her tenure as additional judge. The tenure was to end on February 12.