The Supreme Court, while addressing a complex case of a minor girl eloping and marrying her accused under the POCSO Act, sought expert suggestions to prevent adolescent girls and their families from suffering due to legal and societal challenges.
Key Observations by the Supreme Court
- Court’s Limitations: Justice Abhay S Oka acknowledged the difficulty of resolving such cases, stating, “When we see such matters, we realize there are grave limitations on our power.”
- High Court’s Controversial Remarks: The case stemmed from a Calcutta High Court judgment, which acquitted the accused and controversially suggested that adolescent girls must “control their sexual urges,” implying victim-blaming and societal bias.
- Supreme Court’s Reprimand: The apex court strongly condemned these remarks, calling them “highly objectionable and unwarranted,” violating the rights of minors under Article 21.
Amicus Curiae Report & Recommendations
- Victim’s Perspective: The report highlighted that while the law classifies the act as a crime, the victim does not see herself as a victim. Instead, her trauma arose from legal consequences rather than the relationship itself.
- Restoring Family Structure: The report suggested that supporting the victim and her child, rather than punishing the accused, may serve their best interests.
- Changing Social Norms: Amicus Curiae Divan pointed out that early puberty, evolving societal dynamics, and the need for sensitization in families and schools must be addressed.
- Counseling & Legal Reform: The Court was urged to use its special powers under Article 142 to resolve the case without further penalizing the accused, ensuring a balanced approach between legal enforcement and social realities.
Judicial Dilemma & Final Observations
- Justice Oka’s Concern: While acknowledging the victim’s current well-being, he questioned, “What if the accused-husband, who is on good terms with her today, changes his behavior after being spared jail time?”
- State’s Role: The state was supporting the victim and child, and the Committee’s findings suggested the relationship appeared stable.
This case underscores the judiciary’s struggle to balance legal mandates with evolving social realities, urging a more compassionate, reformative approach in cases involving adolescent relationships and the POCSO Act.
