Supreme Court of India delivers a progressive verdict on adolescent privacy and victim rehabilitation under POCSO.
CASE SUMMARY – In In Re: Right to Privacy of Adolescents, the Supreme Court intervened suo motu to correct a miscarriage of justice stemming from a Calcutta High Court acquittal in a POCSO case.SC protects adolscent privacy and rights in POCSO case. A 14-year-old girl had eloped and conceived with a 25-year-old man, who was convicted but later acquitted. The Court acknowledged societal, legal, and familial failures, especially the lack of support to the adolescent victim. Using Article 142, it upheld the conviction but waived imprisonment to preserve the victim’s rehabilitated life and family. The Court mandated systemic reforms and State support, emphasizing informed consent, child protection, and adolescent well-being.
| ASPECTS | DETAILS |
| Case Title | In Re: Right to Privacy of Adolescents (Suo Motu Writ Petition (C) No. 3 of 2023) |
| Introduction | The Supreme Court took suo motu cognizance of a Calcutta High Court judgment acquitting a man convicted under POCSO and IPC, raising systemic failures in child protection. |
| Factual Background | A 14-year-old girl was enticed and lived with the accused, bore his child, and later fought to preserve his liberty. The High Court acquitted the accused, prompting suo motu action and appeal by the State. |
| Legal Issues |
|
| Applicable Law |
|
| Analysis | The Court acknowledged systemic failures—lack of State protection, parental abandonment, and social stigmatization. It emphasized restorative justice over punitive measures, especially when the victim supported the accused. |
| Conclusion | The Court convicted but did not sentence the accused, using Article 142 to do complete justice. It mandated State support for the victim and her child and systemic reforms. |
| Current Scenario | The victim and accused live together. The State has enrolled the victim in school, supported the child through welfare schemes, and formed committees for systemic changes. |
“True justice lies in not sentencing the accused to imprisonment, when it would harm the victim more than the crime itself.”
SOURCE – SUPREME COURT OF INDIA
READ ALSO –
