New Delhi: The Supreme Court on Friday said a young woman, who got married while being a minor, has already been subjected to enough injustice and it would not be justified to send her husband to jail.
"She was judged by the society, abandoned by her family, and the legal system failed her and it would be injustice to her now, if her husband is sent to jail", the court said. A bench comprising justices Abhay S Oka and Ujjal Bhuyan used its extraordinary powers under Article 142, to not impose any sentence on a man convicted of engaging in a sexual relationship with a minor, whom he married and the couple have a daughter. The apex court had last year overturned the acquittal of the man by the Calcutta High Court but paused his sentencing.
Justice Oka, who authored the judgment on behalf of the bench, said in law, the court has no option but to sentence the accused and send him to jail for undergoing the minimum punishment prescribed by the statute. “However, in this case, the society, the family of the victim and the legal system have done enough injustice to the victim. She has been subjected to enough trauma and agony. We do not want to add to the injustice meted out to the victim by sending her husband to jail”, said Justice Oka, in the 44-page judgment.
Justice Oka said judges cannot shut their eyes to such harsh realities, and in order to do real justice to the victim, the only option left before the court is to ensure that he is not separated from the victim. The bench said the state and the society must ensure that the family is rehabilitated till the family settles down in all respects.
“What troubles us is the issue of sentencing. The reports of the committee stare at our faces. Though the victim did not treat the incident as a heinous crime, she suffered because of it. This was because at an earlier stage, the victim could not make an informed choice due to the shortcomings of our society, our legal system and her family”, said the bench.
The bench said the victim did not get any opportunity to make informed choices, and the society judged her, the legal system failed her, and her own family abandoned her. “Now, she is at a stage where she is desperate to save her husband. Now, she is emotionally committed to the accused and has become very possessive of her small family”, said the bench.
The bench said it is the obligation of the state government to act as the true guardian of the victim and her child and ensure that they settle down in life and lead a happy, healthy and constructive life ahead.
“In the context of this situation, sadly, true justice lies in not sentencing the accused to undergo imprisonment. This case is not going to be a precedent and should not be a precedent. This case is an illustration of the complete failure of our society and our legal system. All that the system can do for the victim now, is to help her fulfil her desire of completing her education, settling down in life, providing a better education to her daughter and ensuring overall better living conditions for her family”, said the bench.
“After having read the reports and having interacted with the committee (an expert panel appointed on the direction of the court) as well as the victim, we are of the view that if we send the accused to jail, the worst sufferer will be the victim herself. As compared to the situation in 2018, she is better placed today”, said the bench.
The bench said the young woman, along with the accused, is concentrating on their daughter and they want to ensure that she gets a quality education. “At the same time, as recorded in the final report, the victim is attending school and is desperate to complete her school education. Though the State has offered to enroll her in some vocational course, she is keen on completing her education, at least up to graduation”, noted the bench.
The ordeal faced by the victim during the case
“The facts of this case are an eye opener for everyone. It highlights the lacuna in our legal system. The final report concludes that though the incident was seen as a crime in law, the victim did not accept it as one. The committee records that it was not the legal crime that caused any trauma to the victim, but rather, it was the consequences that followed, which took a toll on her”, said the bench.
The bench said what she had to face as a consequence was the police, the legal system and the constant battle to save the accused from punishment.
The bench said the final report of the committee is more elaborate and it describes the huge burden placed on the victim in dealing with her family’s responsibilities.
The bench said the committee noted that the relationship of the victim with her husband follows the triangular theory of love, which states that intimacy, passion and commitment are the main criteria for consummate love. “Initially, passion and intimacy may have taken the center stage, but now, the Committee notes that without any coercion from her husband, the victim is deeply committed to him”, noted the bench.
Victim is facing crushing pressure of the financial burden
The bench said the final report records that she has almost spent Rs.1,35,000, and the figures stated make it obvious that she has been exploited. “This is evident from the fact that she had to pay Rs.60,000/- for grant of bail, Rs.25,000/- for securing acquittal, Rs.15,000/- for filing a case in this Court and Rs. 25,000/- towards air fare, to enable her husband’s advocate to appear before this court”, noted the bench.
The bench said the family of the accused is very poor, and at present, the victim, the accused and her daughter are staying in a temporary shelter enclosed by brick walls, but the roof is of tarpaulin, and this house has no door. “The accused is uneducated and is working as a daily wage labourer. Apparently, he is working very hard. It is noted by the Committee that both the victim and her husband are very keen on ensuring that their daughter gets education. They are taking precautions to ensure that they do not have another child. Now, there is improvement in the relationship between the victim and her parents. The victim’s parents looked after her when she was unwell”, said the bench.
The apex court said: “We exercise our extraordinary jurisdiction under Article 142 of the Constitution of India and hold that though the accused stands convicted, he will not undergo sentence….”.
What is the case
In 2018, when the woman was 14, she was reported missing by her family. Days later, it was found that she had married a 25-year-old man. The girl's family filed a case and a local court convicted the man under the POCSO Act and sentenced him to a 20-year jail term. The high court in 2023, acquitted the man but what drew attention to the case was its controversial remarks on adolescent sexuality and moral obligations.
The high court, in its order, said that adolescent girls should "control sexual urges" while asserting that society views them as the "loser" in such instances. After widespread criticism of such remarks, the apex court initiated a suo moto case.
The apex court in August 2024, reinstated the man's conviction while setting aside the Calcutta High Court judgment but put his sentence on hold and ordered the West Bengal government to set up an expert committee.
