POCSO Act’s objective can’t be ignored, says top court
The Supreme Court on Thursday said the objective of the Protection of Children from Sexual Offences (POCSO) Act could not be ignored merely because child marriages continue, or worse still, abusers marry their minor victims to escape conviction.
“So, the POCSO Act should be ignored by the courts as most of the people at the grassroots level are not ling complaints and there is marriage between the accused and the minor survivors? What is the assurance that he will not abandon her after avoiding conviction?” Justice A.S. Oka asked in court.
The top court was dealing with the case of kidnap and rape of a 14-year-old girl in West Bengal. Her mother had registered an FIR. However, she is currently living with her child and the accused, whom the trial court had convicted under the POCSO Act.
Deciding his appeal against conviction, the Calcutta High Court, in October last year, had acquitted the 20-year-old man, concluding that both had been romantically linked. The High Court had then passed a series of observations in its order “advising” adolescent girls to “control their sexual urges”.
The Supreme Court had taken suo motu cognisance of the case, noting judges were not there to preach.
Question of choice
“She was 14 years old at the time of the incident. Then she did not get an opportunity to make an informed choice about her life... Now she is forced to go and live with him...” Justice Oka remarked on Thursday.
The court wondered whether she would be in a position to speak her mind about what she really wanted.
“Would it be a case of Stockholm syndrome,” Justice Bhuyan asked.
The court directed the West Bengal government to provide her institutional protection and counselling.
The Bench asked the State to consider taking expert guidance from Tata Institute of Social Sciences.