Supreme Court spares jail time period for convict in POCSO case, cites systemic failures-OxBig News Network

The Supreme Court on Friday (May 23, 2025) spared a convict, who married the sufferer, from present process a jail time period below the Protection of Children from Sexual Offences (POCSO) Act, citing systemic failures and the necessity to guarantee justice for the adolescent lady and her little one.

A bench comprising Justices Abhay S. Oka and Ujjal Bhuyan invoked its extraordinary jurisdiction below Article 142 of the Constitution, which empowers the highest courtroom to go any order as is important for doing full justice in any trigger or matter pending earlier than it.

“This yr we have now accomplished 75 years of the Constitution on twenty sixth January. The Constitution contemplates the State to be a welfare state. The Constitution assured social and financial justice to all of the residents. In this case, there’s a failure to offer each social and financial justice to the sufferer,” the decision stated.

Failure of welfare state idea

The details of the case point out the failure of the idea of welfare state, it added.

“To treatment the state of affairs on this case, it’s the obligation of the State Government to behave because the true guardian of the sufferer and her little one and be sure that they cool down in life and lead a contented, wholesome and constructive life forward,” it stated.

The verdict got here in a case that had captured nationwide consideration not just for the authorized points concerned but in addition for the broader social questions it raised about adolescent rights, institutional accountability and little one safety.

The case

The case arose from a 2018 incident in West Bengal, the place a 14-year-old lady left her house to reside with a 25-year-old man, who later fathered her little one. The man was convicted by a Special POCSO courtroom for aggravated sexual assault below Section 6 of the Act and related provisions of the Indian Penal Code (IPC).

However, the Calcutta High Court controversially overturned the conviction, citing the consensual nature of their relationship and the present household circumstances.

The prime courtroom suo motu (by itself), and an attraction by the West Bengal authorities reversed the High Court’s choice in August 2024. However, it deferred sentencing till additional inquiry into the well-being of the sufferer and her little one.

“Broadly, there are three points which we’re contemplating. The first challenge is of sentencing the accused. The second challenge is in regards to the rehabilitation of the sufferer and her little one. The third challenge is a wider challenge about adopting measures for adolescent well-being and little one safety which works to the foundation reason for the issue in our altering society,” the decision stated.

Jail would deepen trauma

“Sending him to jail now would solely deepen the trauma suffered by the sufferer,” Justice Oka stated and emphasised that the “true justice” on this case lies in household rehabilitation, not retribution.

“In regulation, we have now no choice however to condemn the accused and ship him to jail for present process the minimal punishment prescribed by the Statute. However, on this case, the society, the household of the sufferer and the authorized system have accomplished sufficient injustice to the sufferer.

“She has been subjected to sufficient trauma and agony. We don’t wish to add to the injustice accomplished to the sufferer by sending her husband to jail,” the bench stated.

The judgment stated judges can’t shut their eyes to harsh realities.

“Now, at this stage, in an effort to do actual justice to the sufferer, the one choice left earlier than us is to make sure that the accused just isn’t separated from the sufferer. The State and the society should be sure that the household is rehabilitated until the household settles down in all respects,” it stated.

Case to not be handled as precedent

The verdict, nonetheless, made clear that “this case won’t be handled as a precedent”, describing it as an alternative as “an illustration of the whole failure of our society and authorized system”.

“This case is an illustration of the whole failure of our society and our authorized system. All that the system can do for the sufferer now, is to assist her fulfil her need of finishing her training, settling down in life, offering a greater training to her daughter and making certain total higher dwelling situations for her household,” it stated.

The court-appointed panel’s studies painted a grim image of systemic lapses and flagged failure of village-level Child Protection Committees and poor implementation of welfare schemes like Kanyashree Prakalpa.

The panel stated there was inaction from little one welfare law enforcement officials and an absence of free authorized support and gender-sensitive counselling.

Hardship for sufferer

The verdict famous these shortcomings and stated they’ve worsened the state of affairs for the minor sufferer, who not solely endured the unique offence but in addition confronted immense social, psychological and monetary hardship.

Issuing a slew of instructions, the bench directed the state authorities to offer full monetary and academic assist to the sufferer and her daughter. It additionally ordered that the sufferer be enrolled in a faculty and be supported as much as the faculty stage, if desired.

The bench directed the state authorities to make sure the kid’s diet and training below schemes like Mission Vatsalya, apart from exploring the choice of imparting vocational coaching and part-time employment to the sufferer post-school.

It requested the federal government to safe higher housing and settle the household’s money owed with NGO or public assist.

The bench has additionally directed the Union Ministry of Women and Child Development to kind a committee of specialists alongside senior state officers and amici curiae to recommend systemic enhancements based mostly on the suggestions of the courtroom’s personal committee. The central ministry has to submit a report by July 25.