Justice N. Anand Venkatesh directed the Tamil Nadu Chief Secretary to frame guidelines after observing that false POCSO complaints are increasingly being used in matrimonial and custody disputes.
The Madras High Court has directed the Chief Secretary of Tamil Nadu to frame appropriate guidelines to address alleged misuse of the Protection of Children from Sexual Offences Act, 2012 in matrimonial and child custody disputes.
Justice N. Anand Venkatesh issued the direction while quashing POCSO proceedings against a father.
The minor daughter had made allegations against him.
However, the Court found that the complaint appeared to have arisen from matrimonial discord between the child’s parents.
The Court held that continuing the prosecution would amount to abuse of process of law.
Court Examines Family Background
The case arose from allegations against the petitioner-father under the POCSO Act.
During the hearing, the Court examined the surrounding facts.
It took note of the strained relationship between the petitioner and his wife.
Justice Venkatesh observed that courts are seeing several such cases in matrimonial disputes.
In many cases, family members face POCSO complaints during custody battles.
These complaints often involve fathers, grandparents, or close relatives.
The Court noted that such cases have serious consequences.
They affect not only the accused but also the child involved in the proceedings.
Court Flags Risk Of Children Being Influenced
Justice Venkatesh observed that bitter matrimonial litigation can affect children.
The Court said children may sometimes get “coached” or influenced during such disputes.
As a result, allegations may emerge in a manner that may not withstand legal scrutiny.
The Judge also noted that careless use of stringent penal provisions can cause serious harm.
It may damage family relationships.
It may also affect the mental well-being of the child.
POCSO Cannot Become A Weapon In Custody Battles
The Court made it clear that genuine POCSO cases require strict action.
It also said authorities must protect children immediately in such cases.
However, Justice Venkatesh cautioned that the law cannot become a weapon in matrimonial disputes or custody battles.
The Court observed that false implication under the POCSO Act can cause social stigma and emotional trauma.
It can also severely prejudice the accused, especially when the allegation targets close family members.
According to the Court, authorities must act with sensitivity in such matters.
They should not mechanically register cases in family-related disputes.
Best Interest Of Child Must Remain Paramount
Justice Venkatesh emphasised that investigative agencies must handle such complaints carefully.
Counsellors and child welfare authorities must also play an important role.
The Court said all authorities must keep the best interests of the child as the primary concern.
At the same time, they must guard against misuse of criminal law.
Chief Secretary Asked To Frame Guidelines
Taking note of the recurring nature of such cases, the High Court directed the Tamil Nadu Chief Secretary to act.
The Court asked the Chief Secretary to create an appropriate mechanism.
It also directed the State to frame guidelines for POCSO complaints arising from matrimonial disputes and custody proceedings.
The guidelines should involve coordination between police authorities, mental health professionals, child welfare experts, and other stakeholders.
The Court said such coordination would help ensure proper preliminary assessment in sensitive family-related complaints.
Justice Venkatesh also directed circulation of the order to relevant authorities for compliance and necessary action.
Criminal Proceedings Quashed
After examining the facts, the Court held that the prosecution could not continue.
It found that the materials on record did not justify further proceedings under the POCSO Act.
Accordingly, the Madras High Court quashed the FIR and related proceedings against the petitioner.
