Madras HC orders ₹1 lakh compensation for girl forced to file POCSO complaint against father

The Madurai Bench of the Madras High Court recently ordered ₹1 lakh compensation for a minor girl after noting that she was allegedly forced by child welfare officials to make sexual abuse allegations against her father.

Justice KK Ramakrishnan passed the order while granting bail to the father, who had been booked under the Protection of Children from Sexual Offences (POCSO) Act, 2012.

The Court directed the Virudhunagar District Collector to pay the compensation to the child for the trauma allegedly caused to her. It held,

"The object of the “1098” Child Helpline mechanism is to protect children in distress and to provide immediate assistance, care, and counselling. The said mechanism cannot be permitted to be misused in a manner causing further mental trauma and ignominy to children by compelling them to make false allegations. False allegations carry devastating consequences resulting in reputational damage severe psychological trauma and legal entanglements."

The father was arrested on April 16 this year after a case was registered by the All Women Police Station, Virudhunagar. He was booked for offences under Sections 7 and 8 of the POCSO Act. These provisions deal with sexual assault and punishment for sexual assault.

His counsel argued that he had only scolded the child for using a mobile phone throughout the day. The counsel said this had led to frequent quarrels between the man and his wife.

It was further submitted that the child had contacted the 1098 child helpline only because of the quarrels at home. However, officials who attended the call allegedly insisted that she give a complaint stating that her father had subjected her to “bad touch,” the petitioner claimed.

The Additional Public Prosecutor opposed the bail plea. He submitted that the victim’s statement had been recorded under Section 164 of the Code of Criminal Procedure.

After perusing the statement, the Court said that the girl had spoken without hesitation. It noted that she had stated that there were frequent quarrels between her parents. She also said that her father used to scold her for excessive mobile phone use. According to the order, the child stated that she had contacted 1098 only to stop the quarrel between her parents.

She further stated that an officer who attended the call allegedly insisted that she make allegations of “bad touch” against her father.

The Court also recorded that the child had said she was kept in a shelter home for five days. She alleged that officials attached to the Child Welfare Committee intimidated her. She also claimed that they threatened action against her unless she gave a complaint against her father.

“The said statement prima facie discloses that the victim was subjected to pressure and coercion to make allegations against the petitioner,” the Court said.

Justice Ramakrishnan said that the case reflected an “alarming trend” in some cases involving allegations against fathers. The Court said that children sometimes approach authorities only to complain about domestic disputes. However, instead of addressing such disputes, they are allegedly compelled to accuse family members of sexual misconduct.

The Court directed the Tamil Nadu Chief Secretary to frame guidelines for all authorities dealing with children. These include officials responding to 1098 calls, Child Welfare Committee officials, shelter home officials and police personnel.

It said that children’s statements must be recorded fairly and transparently. Children should not be induced, tutored or coerced into making allegations against anyone, including family members, the Court added.

It also directed the Inspector General of Police, South Zone to conduct an inquiry.

Advocate K Asha appeared for the petitioner.

Additional Public Prosecutor S Ravi appeared for the State.