Background and Judicial Concern
The Madurai Bench of the Madras High Court recently expressed significant concern over the escalating trend of false cases registered under the Protection of Children from Sexual Offences (POCSO) Act, 2012. Presiding over a common order across four criminal original petitions, Justice L Victoria Gowri observed that such fabricated complaints are consuming invaluable judicial time and investigative resources. These resources, the Court highlighted, ought to be diligently directed towards addressing genuine cases involving child victims. The primary case under consideration was Mikavel v. State.
The Court unequivocally stated: "False POCSO cases, apart from harming the accused, consume enormous judicial time and investigative resources which ought to be devoted towards genuine child victims." This observation came amidst findings that several complaints were allegedly instigated by adults embroiled in family disputes, matrimonial conflicts, personal vendettas, or village factionalism, leveraging the stringent provisions of the POCSO Act as a weapon.
Misuse of POCSO: An Instrument in Adult Disputes
While clarifying that its observations were not intended to dilute the gravity of authentic child sexual abuse prosecutions, the Court emphasised that the true objective of the POCSO Act extends beyond mere registration of FIRs, filing of charge sheets, or securing convictions. Its core purpose is to ensure that a child entering the justice system emerges protected, reassured, rehabilitated, and emotionally secure. The Court lamented that when such a robust and stringent law is invoked mechanically or irresponsibly, the ultimate casualty is often the child, who may be converted into a participant in fabricated allegations or become a casualty of adult hostility.
In a notable instance from Tiruchirappalli, the Court encountered allegations against a doctor accused of kidnapping and sexually assaulting a minor. However, prima facie evidence suggested potential coercion and manipulation by a woman lawyer. A counselling report indicated the victim claimed the complaint was drafted under threat and pressure, and police reports revealed a history of similar allegations by the same lawyer, often resulting in acquittals due to complainants turning hostile. The Court stressed the sacred constitutional position of the legal profession, noting that infiltration by individuals lacking genuine credentials who exploit legal knowledge to manipulate vulnerable citizens strikes at the very root of public confidence.
Ensuring Credibility and Effectiveness: Court's Directives
To uphold the integrity of the justice delivery system, the Madras High Court requested the Bar Council of Kerala to independently verify the enrolment records of the woman lawyer implicated in the Tiruchirappalli case. Furthermore, to prevent the egregious misuse of the Act and enhance its trauma-sensitive implementation, the Court directed State authorities to consider establishing a State-wide sensitisation programme, tentatively titled 'Singapen Sensitisation Workshop'. This workshop would involve police officers, prosecutors, child welfare authorities, counsellors, psychologists, education officers, and other stakeholders, focusing on child psychology, ethical interviewing techniques, and preventing the misuse of POCSO provisions.
