In POCSO case, TN custom trumps over law: SC sets aside conviction of man accused of raping minor niece
The Hindu
Girl states she is leading ‘happy married life’ with accused; Bench considers Tamil Nadu custom of girl marrying maternal uncle
The Supreme Court has politely refused to “disturb” the “marriage” and “happy family life” of a convicted rapist and his minor niece in Tamil Nadu by sending him to jail for his crime under the Protection of Children Sexual Offences (POCSO) Act.
The custom of avunculate marriage between maternal uncles and nieces in Tamil Nadu triumphed over the strict provisions of the POCSO Act when a Bench led by Justice L. Nageswara Rao spared the man who raped his 14-year-old relative and then “married” her.
The case against the man was he had physical relations with the girl when she was 14 on the promise of marrying her. He eventually married her. She had her first child at the age of 15 and the second at 17.
He was convicted and sentenced to 10 years' rigorous imprisonment by the Sessions Court in 2018. The Madras High Court upheld the conviction the next year. Following this, the man, a woodcutter and a member of the backward Valayar community, moved the Supreme Court for relief.
During the hearing of the appeal, the Supreme Court asked the District Judge to record the statement of the girl about her present status. In her statement, she stated that she was leading a "happy married life" with two children.
The State of Tamil Nadu, represented by advocate Joseph S. Aristotle, however, raised strong objections against letting the man go scot-free just because he chose to marry her.
Mr. Aristotle argued that the marriage was not legal. She was a minor at the time of birth of both children. There was no guarantee that the man would continue to take care of the girl and the children once he was off the hook.