Latest news with #AbhayS.Oka
The Hindu
24-05-2025
- Politics
- The Hindu
Supreme Court spares jail term for convict in POCSO case, cites systemic failures
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.
India.com
23-05-2025
- Politics
- India.com
SC A Chief Justice-Centric Court, Requires Change: Justice Abhay S. Oka
Supreme Court judge Justice Abhay S. Oka, delivering his farewell speech on Friday in an event organised by the Supreme Court Bar Association, pointed out that the apex court was Chief Justice-centric court, which required a change. Justice Oka, who is set to demit office on Saturday, said that the diversity of the Supreme Court, having 34 judges from different parts of the country, should be reflected in its functioning. He lauded ex-CJI Sanjiv Khanna for transparency initiatives, saying that the latter took decisions by taking everyone into confidence. Justice Oka added that the incumbent CJI BR Gavai has "democratic values embedded in his blood". In his speech, Justice Oka suggested the listing of the cases in the top court with the assistance of Artificial Intelligence (AI). He said that there cannot be an improved listing unless the manual intervention is reduced to a minimum. Justice Oka, who served as a judge for the last 21 years and 9 months, said that he got so much involved with his judicial work that "judgeship became life and life became judgeship". He said that when one joins the Bench, they may not get the kind of income a lawyer earns, but the work satisfaction cannot be compared with a career as a lawyer. "Judgeship is a beautiful concept. When you are a lawyer, you may have several constraints, but when you are a judge, nobody controls you except the Constitution, the laws, and your own conscience," Justice Oka said. In his farewell speech, Justice Oka recalled the sacrifices undergone by his family, including that of his father, who quit civil practice in the Bombay High Court after his son's elevation to the Bench. He stressed that district courts or trial courts should not be called subordinate courts. "No court is subordinate. Calling a court subordinate is against our constitutional ethos," he maintained.
NDTV
23-05-2025
- Politics
- NDTV
Top Court Directs Centre To Curb Illegal Encroachments On Highways, Form Teams
New Delhi: The Supreme Court on Wednesday directed the Centre to constitute surveillance teams for regular highway patrols to inspect and collect data regarding unauthorised encroachments. A bench led by Justice Abhay S. Oka issued a slew of directions to the Centre concerning illegally occupied highway lands. It directed the Highway Administration, under the National Highways (Land and Traffic) Act, 2002 and the Highway Administration Rules, 2004, to formulate a detailed Standard Operating Procedure (SOP) for constituting inspection teams tasked with monitoring National Highways and collecting data on unauthorised occupation of highway land. Additionally, the Court directed the Union of India to establish surveillance teams comprising State Police or other forces to ensure regular and timely highway patrolling. The Court directed that compliance with both directives be reported within three months from the date of the order. "The duty of the surveillance teams will be to do patrolling regularly and punctually. Even this compliance shall be reported within a period of three months from today", the bench stated in its judgement. The Court was dealing with a PIL plea that flagged the issue of illegal encroachments on highway lands, the removal of which is pertinent for the safety of traffic on the highways. The Court had earlier issued directions for removing such encroachments to the Central Ministry of Road Transport and Highways. In its verdict pronounced on Wednesday, the Court noted that the Centre's Highway Administration has launched a mobile application "Rajmargyatra" for the public to report incidents and hazards related to the Highways. Thus, it directed the Centre to give wide publicity to the said mobile application on print, electronic, and social media. "Information about the availability of this mobile application shall be displayed prominently at toll and food plazas on Highways", the court stated. The Court also directed the Highway Administration to provide details of complaints received via the 'Rajmargyatra' app, particularly those about unauthorised highway land occupation, and the actions taken. It also directed the NHAI to report on creating a grievance redressal portal for such complaints. The Court listed the matter seeking compliance of the said authorities on September 15, this year.
India Gazette
22-05-2025
- Politics
- India Gazette
SC directs Centre for surveillance on highways to curb illegal encroachments
New Delhi [India], May 23 (ANI): The Supreme Court on Wednesday directed the Centre to constitute surveillance teams for regular highway patrols to inspect and collect data regarding unauthorised encroachments. A bench led by Justice Abhay S. Oka issued a slew of directions to the Centre concerning illegally occupied highway lands. It directed the Highway Administration, under the National Highways (Land and Traffic) Act, 2002 and the Highway Administration Rules, 2004, to formulate a detailed Standard Operating Procedure (SOP) for constituting inspection teams tasked with monitoring National Highways and collecting data on unauthorised occupation of highway land. Additionally, the Court directed the Union of India to establish surveillance teams comprising State Police or other forces to ensure regular and timely highway patrolling. The Court directed that compliance with both directives be reported within three months from the date of the order. 'The duty of the surveillance teams will be to do patrolling regularly and punctually. Even this compliance shall be reported within a period of three months from today', the bench stated in its judgement. The Court was dealing with a PIL plea that flagged the issue of illegal encroachments on highway lands, the removal of which is pertinent for the safety of traffic on the highways. The Court had earlier issued directions for removing such encroachments to the Central Ministry of Road Transport and Highways. In its verdict pronounced on Wednesday, the Court noted that the Centre's Highway Administration has launched a mobile application 'Rajmargyatra' for the public to report incidents and hazards related to the Highways. Thus, it directed the Centre to give wide publicity to the said mobile application on print, electronic, and social media. 'Information about the availability of this mobile application shall be displayed prominently at toll and food plazas on Highways', the court stated. The Court also directed the Highway Administration to provide details of complaints received via the 'Rajmargyatra' app, particularly those about unauthorised highway land occupation, and the actions taken. It also directed the NHAI to report on creating a grievance redressal portal for such complaints. The Court listed the matter seeking compliance of the said authorities on September 15, this year. (ANI)
The Hindu
22-05-2025
- Politics
- The Hindu
Supreme Court directs NHAI to take effective steps to curb unauthorised occupation of highways
The Supreme Court has directed the National Highways Authority of India (NHAI) to take effective steps to curb unauthorised occupation of highway lands and form surveillance teams of police officials to carry out patrolling. The Supreme Court also directed the Centre to give wide publicity to the availability of 'Rajmargyatra' mobile application on print, electronic, as well as social media. The National Highways Authority of India (NHAI) has introduced the 'Rajmargyatra' mobile application which aims to provide comprehensive information and efficient complaint redressal for national highway users. A Bench of Justices Abhay S. Oka and Augustine George Masih said information about the availability of the mobile application shall be displayed prominently at toll and food plazas on highways. 'We direct the Joint Secretary [Highways] to file on record the details of various categories of complaints lodged on the 'Rajmargyatra' mobile application, including complaints regarding unauthorised occupation of highway lands and action taken thereon. 'We further direct NHAI to report compliance regarding the creation of grievance redressal portal for reporting complaints relating to unauthorised occupation of highways. The compliance affidavits shall be filed within three months,' the Bench said. The Supreme Court also directed the highway administration to issue a detailed Standard Operating Procedure (SOP) regarding the constitution of teams for inspection of the national highways, including collection of data regarding unauthorised occupation of highway lands. "We direct the Union of India to constitute surveillance teams consisting of State police or other forces. The duty of the surveillance teams will be to do patrolling regularly and punctually. Even this compliance shall be reported within a period of three months. "We direct the highway administration and the concerned respondents who are members of the same to take into consideration the suggestions submitted by the amicus curiae on October 5, 2024 and take steps to implement the said suggestions," the Bench said while posting the matter for compliance on September 15. The Supreme Court was hearing a PIL filed by a person named Gyan Prakash whereby he sought various directions for implementation of provisions of the Control of National Highways (Land and Traffic) Act, 2002 and removal of encroachments from highways. Advocate Swati Ghildiyal was appointed amicus curiae by the Supreme Court for assisting in the matter.
