Madras HC directs TN chief secretary to form panel on child-crime law gaps
The Madras High Court asked the Tamil Nadu Chief Secretary to form a committee to review and address gaps in laws relating to children, citing several implementation issues under POCSO and Juvenile Justice. The court noted a voluntary curative petition intention by the state in a high-profile case a
Key takeaways
- The Madras High Court directed a formal panel to review and address systemic gaps in child-related criminal laws.
- Panel members will come from the Home, Health and Law secretaries, with a four-month timeline for reporting back.
- Courts highlighted needs including gender neutrality in cases, access to FIR copies, identity-sharing protocols, and dedicated child-witness facilities.
What Happened
The Madras High Court, in a public interest litigation matter, directed the Tamil Nadu Chief Secretary to set up a committee. The panel should include the Home Secretary, Health Secretary and Law Secretary and study suggestions the court received to fix systemic gaps in how criminal laws affecting children are implemented. The judges told the state to consider these recommendations and report back within four months.
The PIL was filed by advocate S. Venkatesh of Madurai and concerns a 2017 case in which an engineering graduate, S. Daswant, was acquitted of charges involving the exploitation and murder of a seven-year-old girl at Mugalivakkam near Chennai. The petitioner had urged the government to file a curative petition before the Supreme Court challenging that acquittal.
The court clarified that it could not compel the State to litigate, since such discretion lies with the government. However, it noted the state had voluntarily informed the court of its intent to pursue a curative petition, and it recorded that submission as the petition was disposed of.
Why It Matters
Judges highlighted multiple gaps in how the Protection of Children from Sexual Offences (POCSO) Act and the Juvenile Justice Act are implemented, stressing the roles of police, healthcare professionals, courts and juvenile justice boards in meeting correctional requirements. The bench also emphasized concrete procedural reforms to prevent gender biases in cases involving minors and to safeguard child identities when sharing information with schools and medical facilities.
Specific recommendations aim to prevent disproportionate criminalization of adolescent relationships, ensure access to FIR copies without cost, and improve transparency around reporting. The court also endorsed creating standard operating procedures for sharing a child’s identity on a need-to-know basis and establishing protocols for medical termination of pregnancies and medical examination of male victims in POCSO cases. It endorsed dedicated facilities for child witnesses in POCSO courts and called for more such courts to be established.
Background
The case arose from a request to challenge an acquittal in a high-profile POCSO-related prosecution. The matter has drawn attention to how child protection laws are applied in Tamil Nadu and has prompted the court to solicit administrative reforms at the state level. The court consulted child rights advocates to inform its suggestions during the proceedings.
Key Facts
- Madras High Court issued a directive to form a committee comprising three state secretaries (Home, Health, Law) to examine suggestions on child-crime law implementation.
- The panel was tasked to deliberate and report back within four months.
- The PIL was filed by advocate S. Venkatesh of Madurai.
- The case involves the acquittal of S. Daswant in a February 2017 incident in Mugalivakkam, near Chennai, involving a seven-year-old girl.
- The court noted gaps in the POCSO Act and the Juvenile Justice Act, and engaged a child-rights advocate for guidance on reforms.
- Recommendations considered include gender-neutral handling of minor-on-minor cases, free FIR copies, SOPs for sharing a child’s identity, and protocols for medical termination and male victim examination in POCSO cases.
- Proposal to provide child witness deposition rooms in every POCSO court and to increase the number of such courts.
What Happens Next
The government is to deliberate on the court’s suggestions and respond within four months, as directed by the Division Bench. The state’s stated intention to file a curative petition in the Supreme Court, though not mandated by the court, was acknowledged as having been reported voluntarily by the government. The outcomes will depend on the committee’s recommendations and the state’s subsequent actions in administrative and legal channels.
Sources reviewed
Project Chintan independently synthesized and analyzed information cross-checked across the sources listed above.
