Justice L Victoria Gowri quashed the POCSO case against a teenage father.

“The majesty of criminal law lies not merely in punishment, but in proportion, procedure and justice. Where the procedure mandated for a child in conflict with law is bypassed, the prosecution loses its legal foundation,” the bench added.

Child marriage, pregnancy and complaint

• On receipt of information through Child Line No 1098, the respondent conducted an enquiry and came to know about the petitioner and the survivor.
• The petitioner and the survivor were in love and allegedly got married on May 14, 2024, thereafter living as husband and wife.
• As the survivor was eight months pregnant and below 18, a complaint was lodged.
• Based on the complaint, the State registered a case for offences punishable under relevant sections of the Prohibition of Child Marriage Act, 2006, and the POCSO Act, 2012.
• Upon completion of the investigation, the State filed a final report against the petitioner, which was taken on file by the special court for exclusive trial in Dindigul of cases under the POCSO Act.

‘Offender is also minor’

The significant question before the Madras High Court was whether the case under the POCSO Act against the petitioner, who was admittedly a child on the date of the alleged occurrence, is legally sustainable? 

The court noted that the petitioner’s date of birth was April 26, 2007, and the alleged occurrence was on May 14, 2024; thus, the petitioner had not yet completed 18 years of age at the time. 

The court observed that Sections 5(1), 5(j)(ii) and 6 of the POCSO Act, 2012, relate to aggravated penetrative sexual assault and its punishment, however, it said that the alleged offender himself was a child at the relevant point of time; the law insists that he must be dealt with through the Juvenile Justice Board (JJB) and not by directly subjecting him to trial as an adult before the special court.

Emphasising the statutory command, the court stated that a child in conflict with law cannot be tried as an adult accused in the ordinary criminal process, except in the manner specifically provided under the Juvenile Justice Act, 2015.

Criminal Justice System: Court

• The criminal justice system must be stern where exploitation, coercion, trafficking or predatory conduct is alleged. 
• Equally, it must be sensitive where the record discloses an adolescent relationship between two children, one of whom is sought to be prosecuted in a manner contrary to the Juvenile Justice Act, 2015. 
• It is further made clear that this order shall not preclude the competent authorities from taking any lawful welfare, protective or rehabilitative measures, if so required, for the victim and the child born to her, strictly in accordance with law 

‘Survivor rehabilitation and protective plan’

• Since the petitioner, survivor, and the child born stand at a delicate intersection of child protection, adolescent autonomy, motherhood, parenthood and social vulnerability, the court appropriately issued a child-rights-oriented rehabilitation plan.
• The district child protection officer, Dindigul, shall be the nodal officer for implementation of this plan.
• The Child Welfare Committee, Dindigul, shall conduct a confidential welfare assessment of the victim and the child within two weeks from the date of receipt of a copy of this order.
• The CWC, Dindigul, shall ascertain the voluntary wishes of the survivor, her safety, health condition, educational status, emotional well-being and the welfare of the infant child.
• The CWC, Dindigul, shall not compel institutionalisation unless there is a clear finding of neglect, coercion, danger, abandonment or inability to ensure safety in the present living arrangement.
• The district child protection unit shall prepare an individual care plan for the survivor and the child, and a separate rehabilitative supervision plan for the petitioner, who was a child in conflict with law on the date of occurrence.
• The survivor shall be provided access to medical care through the nearest government hospital / Primary Health Centre, including postnatal care, reproductive health counselling, and counselling.
• The victim shall also be offered educational continuation or vocational support, without compelling her to choose between motherhood and her right to development.
• The authorities shall act with sensitivity, confidentiality and child-centric concern, bearing in mind that the purpose of law is not merely to punish past illegality, but also to prevent future vulnerability.