By Vikrant Rana , Anuradha Gandhi and Isha Sharma
Introduction:
“The caste of an accused is, per se, not a consideration for showing leniency in the cases of grave offences, especially in a case where the victim was only five to six years old- rightly reiterated by the Hon’ble Supreme Court, presided over by a bench led by Hon’ble Mr. Justice Abhay S Oka and Pankaj Mithal on October 11, 2023. [1]
The Apex Court underscored that the caste or religion of an accused individual holds no relevance when a court is adjudicating their case. Moreover, it emphasized that such information should never be mentioned in the title of the judgment. This significant statement came in response to a situation where the Rajasthan High Court and a trial court had included the accused’s caste in the cause title of the judgment specifically in a case falling under the POCSO Act.
The context of this statement arises from an appeal filed by the State of Rajasthan against the High Court’s decision, which had reduced the sentence of the respondent-convict from a life term to 12 years of imprisonment.
Background of the case:
The case involved a deeply distressing incident where the convict had been found guilty of the rape and sexual assault of a 5 year old child. The trial court had initially sentenced him to life imprisonment.
However, the High court opted to reduce the sentence to 12 years, considering factors such as the convict’s young age, the fact that he hailed from an economically disadvantaged scheduled caste family, and that he was not an habitual offender.
This matter which compelled the state to approach the apex court with an appeal, was characterized by the Supreme Court as one that deeply shook its conscience.
“The offence is so gruesome and heinous that it will impact the victim for her entire life. The childhood of the victim has been destroyed. The victim’s life has been ruined due to the trauma and everlasting impact on her mind. It must have converted the victim into a psychological wreck.”
Furthermore, it was emphasized that in instances of severe offences particularly those involving victims as minor, the severity of punishment should be determined based on the gravity of the offence, prioritizing this over consideration of caste or religion to ensure that justice is blind to such distinctions and focuses on the nature of the crime itself.
“While dealing with the issue of sentence, in such a case, the mitigating circumstances which weigh in favour of the accused must be balanced with the impact of the offence on the victim, her family and society in general. The rights of the accused must be balanced with the effect of the crime on the victim and her family. This is a case which impacts the society. If undue leniency is shown to the respondent in the facts of the case, it will undermine the common man’s confidence in the justice delivery system. The punishment must be commensurate with the gravity of the offence. When it comes to sentencing, the Court is not only concerned with the accused but the crime as well.”
Taking into consideration the facts and circumstances, the Apex Court directed the Secretary of the Rajasthan State Legal Services Authority to ensure that the compensation is paid to the victim under the victim compensation scheme of the State, if not already paid.
“An accused has no caste or religion when the Court deals with his case. We fail to understand why the caste of the accused has been mentioned in the cause title of the judgments of the High Court and the Trial Court. The caste or religion of a litigant should never be mentioned in the cause title of the judgment.”
This statement underlines the court’s commitment to ensuring justice, while emphasizing the relevance of an individual’s caste or religion when delivering a judgement. It sets a significant precedent in the legal landscape, underscoring the principle of equality before the law and the importance of focusing on the merits of each case rather than personal attributes.
Conclusion:
The court also issued a pivotal directive concerning the support and rehabilitation of child victims of sexual offences. The court underscored the importance of the State’s responsibility in ensuring that children who have been subjected to such offences are not only compensated monetarily but also enabled to continue their education and lead meaningful lives. The court adopted a holistic approach, one that takes into account the emotional, psychological and educational well-being of these children.
“Whenever a child is subjected to sexual assault, the State or the Legal Services Authorities should ensure that the child is provided with a facility of counselling by a trained child counsellor or child psychologist. It will help the victim children to come out of the trauma, which will enable them to lead a better life in future. The State needs to ensure that the children who are the victims of the offence continue with their education. The social environment around the victim child may not always be conducive to the victim’s rehabilitation. Only the monetary compensation is not enough. Only the payment of compensation will not amount to rehabilitation in a true sense.”
In line with this vision, the court has suggested that the rehabilitation of girl victims should be integrated into the “Beti Bachao Beti Padhao” campaign of the Central Government. This synergistic approach aims to empower these young survivors by not only providing them with financial support but also ensuring their access to education, which is essential for their long term well-being and future prospects.
The court’s directive serves as a milestone in the pursuit of justice for child victims of sexual offences, emphasizing the importance of comprehensive rehabilitation and education as a means to heal and uplift these young lives. It signifies a step towards a more empathetic and supportive society for those who have endured such traumatic experience.
[1] https://scourtapp.nic.in/supremecourt/2019/40750/40750_2019_8_1501_47556_Judgement_11-Oct-2023.pdf
Related Posts
NHRC’s Advisory on Proliferation of Child Sexual Abuse Material (CSAM)