Thus, it is easy to recognise the lack of linkages to help deal with grey area situations. This is particularly evident in the context of the quantum of punishment prescribed for the two offences: (i) two years imprisonment for molestation under section 354; and (ii) life imprisonment or ten years and fine under section 375. However, amendments in section 354 brought in by some states are an effort to bridge that gap, enabling a higher punishment for cases that fall within the grey area. The 1991 Andhra amendment has made a section 354 offence punishable with both fine and imprisonment, of either description, for a term not less than five years but which could extend up to seven years. And the offence has been made non-bailable by the 1995 Orissa amendment.

Finally, the recent judgment has yet again highlighted the need for a law on child sexual abuse, and a change in the definition of molestation and rape. It is urged that any non-penetrative sexual assault should constitute molestation under section 354 in the case of children and women and carry a higher punishment. It is urgent to recognise that because sexual abuse of a child is not only by touching, but also by penetration of fingers and other objects, the law must recognise such acts as rape. It is equally important to revisit the Juvenile Justice Act in the present context. The present situation must be rectified not just by the Supreme Court but also by Parliament through changes in substantive law.

... contd.