Madras High Court Rebukes Tamil Nadu Government Over Police Mishandling of Pocso Case
The Madras High Court on Thursday delivered a stern censure to the Tamil Nadu government, expressing deep dissatisfaction with its careless attitude in addressing serious allegations against police officials. These officers stand accused of violating critical provisions of the Protection of Children from Sexual Offences (Pocso) Act while handling a sensitive sexual assault case in Chennai's Anna Nagar area in 2024.
Case Details and Judicial Observations
The case involves the sexual assault of a 10-year-old girl, whose identity was reportedly disclosed by the investigating officers—a clear breach of legal protocols designed to protect minor victims. A division bench comprising Justice P Velmurugan and Justice M Jothiraman heard the matter and made pointed observations about the police conduct.
The bench metaphorically described the officers' actions as 'the fence grazing the crop', highlighting the profound failure of those entrusted with enforcement to uphold the very laws they are meant to protect. This violation included recording the victim's statement without the presence of her parents and allegedly mistreating the parents when they visited the police station to file their complaint.
Court Directives and Government Response
In response to a habeas corpus petition filed by the victim's mother—which sought enhanced compensation and stringent action against a woman police inspector involved—the court issued an interim order. The bench directed the state government to submit a detailed status report on the departmental actions taken against the implicated police officers and adjourned the hearing to Friday.
Representing the Tamil Nadu government, Additional Advocate General J Ravindran informed the court that a compensation of Rs 4 lakh had already been disbursed to the girl, as per earlier court directives. Regarding disciplinary measures, he stated that the officer in question had been placed under suspension and a criminal case registered for procedural violations.
Judicial Rejection of Government Stance
The bench, however, firmly rejected the government's stance, emphasizing that suspension alone does not constitute adequate punishment. The judges underscored that proper departmental action must be initiated against officials who fail to adhere to the statutory provisions of the Pocso Act, ensuring accountability and deterring future misconduct.
This case underscores ongoing concerns about the implementation of child protection laws in India and the need for rigorous oversight of law enforcement agencies. The court's intervention highlights a critical demand for systemic reforms to safeguard vulnerable minors and uphold justice in sensitive legal proceedings.
