Misuse of Pocso Act for political motives are on rise, observes HC

CHENNAI: The Madurai Bench of the Madras High Court has observed that misuse of the Protection of Children from Sexual Offences (Pocso) Act for personal and political motives is on the rise.

A case had been registered under the Pocso Act against MS Shah, former head of the Economic Wing of the Tamil Nadu BJP, by the Thilagar Thidal All-Women Police Station in Madurai on allegations that he sexually harassed a 16-year-old girl. The girl’s mother was also named in the case. Seeking to quash the proceedings, Shah approached the Madurai Bench of the High Court.

When the matter came up before Justice B Pugalendhi, counsel for the petitioner submitted that an initial inquiry report had found the complaint to be false. Despite this, the police had reinvestigated the case without obtaining the court’s permission. The counsel further argued that the complainant had used her own daughter to file a false case due to family disputes and political animosity.

Appearing for the State, the prosecution submitted that the girl’s mother had received financial assistance from the petitioner and that he had used this connection to send obscene WhatsApp messages to both the girl and her mother. Following a complaint from the girl’s father, the case was registered under the POCSO Act and was initially closed with a finding that the allegations were true.

Subsequently, WhatsApp messages indicating sexual harassment were recovered. The police then sought and obtained the court’s permission and reinvestigated the matter. It was also submitted that disciplinary action had been taken against the earlier investigating officer for acting favourably towards the petitioner, completing the investigation in his favour and filing a report without legal consultation.

Justice Pugalendhi noted that the court had not accepted the closure report filed by the investigating officer. He observed that offences under the POCSO Act are crimes against society, but in recent times, the Act has been increasingly misused for personal and political purposes. Such misuse, he said, causes hardship to innocent individuals and undermines the intent of the legislation.

He pointed out that the Act provides for punishment of up to six months’ imprisonment or a fine for filing false complaints, and directed trial courts to ensure that such cases are registered when misuse is detected.

Stating that substantial evidence existed against the accused, the judge declined to quash the proceedings. He directed the trial court to proceed in accordance with the law and dismissed the petition.