Supreme Court spares jail term for convict in POCSO case, cites systemic failures

The Hindu

24-05-2025

The Supreme Court on Friday (May 23, 2025) spared a convict, who married the victim, from undergoing a jail term under the Protection of Children from Sexual Offences (POCSO) Act, citing systemic failures and the need to ensure justice for the adolescent girl and her child.
A bench comprising Justices Abhay S. Oka and Ujjal Bhuyan invoked its extraordinary jurisdiction under Article 142 of the Constitution, which empowers the top court to pass any order as is necessary for doing complete justice in any cause or matter pending before it.
"This year we have completed 75 years of the Constitution on 26th January. The Constitution contemplates the State to be a welfare state. The Constitution guaranteed social and economic justice to all the citizens. In this case, there is a failure to provide both social and economic justice to the victim," the verdict said.
Failure of welfare state concept
The facts of the case indicate the failure of the concept of welfare state, it added.
"To remedy the situation in this case, it is the obligation of the State Government to act as the true guardian of the victim and her child and ensure that they settle down in life and lead a happy, healthy and constructive life ahead," it said.
The verdict came in a case that had captured national attention not only for the legal issues involved but also for the broader social questions it raised about adolescent rights, institutional accountability and child protection.
The case
The case arose from a 2018 incident in West Bengal, where a 14-year-old girl left her home to live with a 25-year-old man, who later fathered her child. The man was convicted by a Special POCSO court for aggravated sexual assault under Section 6 of the Act and relevant 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 current family circumstances.
The top court suo motu (on its own), and an appeal by the West Bengal government reversed the High Court's decision in August 2024. However, it deferred sentencing until further inquiry into the well-being of the victim and her child.
"Broadly, there are three issues which we are considering. The first issue is of sentencing the accused. The second issue is about the rehabilitation of the victim and her child. The third issue is a wider issue about adopting measures for adolescent well-being and child protection which goes to the root cause of the problem in our changing society," the verdict said.
Jail would deepen trauma
"Sending him to jail now would only deepen the trauma suffered by the victim," Justice Oka said and emphasised that the "true justice" in this case lies in family rehabilitation, not retribution.
"In law, we have no option but to sentence the accused and send him to jail for undergoing the minimum punishment prescribed by the Statute. However, in this case, the society, the family of the victim and the legal system have done enough injustice to the victim.
"She has been subjected to enough trauma and agony. We do not want to add to the injustice done to the victim by sending her husband to jail," the bench said.
The judgment said judges cannot shut their eyes to harsh realities.
"Now, at this stage, in order to do real justice to the victim, the only option left before us is to ensure that the accused is not separated from the victim. The State and the society must ensure that the family is rehabilitated till the family settles down in all respects," it said.
Case to not be treated as precedent
The verdict, however, made clear that "this case will not be treated as a precedent", describing it instead as "an illustration of the complete failure of our society and legal system".
"This case is an illustration of the complete failure of our society and our legal system. All that the system can do for the victim now, is to help her fulfil her desire of completing her education, settling down in life, providing a better education to her daughter and ensuring overall better living conditions for her family," it said.
The court-appointed panel's reports painted a grim picture of systemic lapses and flagged failure of village-level Child Protection Committees and poor implementation of welfare schemes like Kanyashree Prakalpa.
The panel said there was inaction from child welfare police officers and an absence of free legal aid and gender-sensitive counselling.
Hardship for victim
The verdict noted these shortcomings and said they have worsened the situation for the minor victim, who not only endured the original offence but also faced immense social, psychological and financial hardship.
Issuing a slew of directions, the bench directed the state government to provide full financial and educational support to the victim and her daughter. It also ordered that the victim be enrolled in a school and be supported up to the college level, if desired.
The bench directed the state government to ensure the child's nutrition and education under schemes like Mission Vatsalya, besides exploring the option of imparting vocational training and part-time employment to the victim post-school.
It asked the government to secure better housing and settle the family's debts with NGO or public support.
The bench has also directed the Union Ministry of Women and Child Development to form a committee of experts alongside senior state officers and amici curiae to suggest systemic improvements based on the recommendations of the court's own committee. The central ministry has to submit a report by July 25.