BEYOND COMPROMISE: SUPREME’S COURT STAND ON CHILD SEXUAL ASSAULT

By Aditya Aman

We are living in a society where shockingly serious offences can be compromised whether it’s writing a short essay after killing 2 people with your Porsche car or after sexually assaulting a young girl in her school while she is alone in class. Rajasthan High Court was at crossroads, saved by Supreme Court by reaffirming that it is duty of judiciary to protect the vulnerable victims.

The Supreme Court on 7th Nov. set aside the ruling of Rajasthan High Court in case of Ramji Lal Bairwa & Anr. Versus State of Rajasthan & Ors.[1] which quashed the “sexual assault” case against a teacher. This case reflects  that the court should always prioritise dignity of a child who has been a victim of sexual assault irrespective of the compromise made by victim or victim’s guardian with the accused. 

Case Background

The allegation made against the teacher when he found the girl who was in the XIth standard at that time alone and after gazing her from the window, he reached behind the girl and started patting her cheeks and soon put his hand inside bodice and rubbed her breast, the girl ran away from that place and asked other teachers for help but it was of no avail as everyone suggested her to keep her mouth shut and that man hurled her with abuses because she belongs to marginalized class.

After insisted by her mother, she narrated the story and a case was filed under the IPC, the POCSO Act[2], and the SC/ST Act due to grave nature of allegations. However, a compromise was reached between the teacher and victim’s father leading the Rajasthan High Court to quash the FIR on the grounds of preserving harmony and resolving the “private” nature of the dispute.

The High Court cited Gian Singh vs. State of Punjab (2012) [3] which empowered the high court to quash the fir if it is found to be private in nature and is compromised between the parties and its societal impact is minimal the high court applied this reasoning and quashed the FIR.

Supreme Court’s view

On appeal, the Supreme Court firmly rejected the High Court’s reasoning. The bench comprising Justice CT Ravi Kumar and Sanjay Kumar observed that incidents of this nature and gravity, allegedly occurring in a higher secondary school by a teacher, cannot be described as offenses that are purely private. Such actions are offenses against society and set a harmful precedent. The Court further clarified that the POCSO Act was enacted to address issues and challenges faced by children, and compromise cannot apply to cases under this statute.The Court reaffirmed its decision by referencing State of M.P. vs. Lakshmi Narayan[4], which stated that criminal cases impacting societal interests are not amenable to compromise. The Court also cited Sunil Raikwar v. State, where the Delhi High Court ruled that offenses under the POCSO Act cannot be settled privately.

Judicial Responsibility and Societal Impact

The judgment firmly categorizes sexual assault on a child as an offense against society that should not be treated as a compoundable offense. The act of rubbing a child’s breast clearly falls under the definition of sexual assault under Section 7 of the POCSO Act, making it punishable. The Supreme Court reaffirmed that crimes against children are not “private disputes” eligible for settlement. It noted that the Rajasthan High Court had misinterpreted Gian Singh and emphasized the judiciary’s duty to protect vulnerable individuals and uphold public confidence in the legal system. Without this Supreme Court intervention, the decision would have set a dangerous precedent, likely leading to recurrence of such offenses.

Locus Standi for Third-Party Appeal

The ruling also addresses the controversial issue of locus standi for third-party appeals in criminal cases impacting society. The Supreme Court acknowledged the role of third parties in challenging the Rajasthan High Court’s judgment, asserting that it is the collective responsibility of society to safeguard justice and public order. This enables citizens and organizations to advocate for justice, particularly in cases where the victim may face pressure to compromise or lacks the power to contest.

Path Ahead

The Supreme Court’s judgment provides a legal base for future reforms and offers strategies to support minors in India. Moving forward, it is essential to focus on strengthening judicial sensitization, community and institutional advocacy, establishing support mechanisms for victims, conducting awareness campaigns, and strictly observing POCSO cases to prevent unjust quashing.

The ruling of Supreme Court also addresses the the controversial issue of locus standi for third party appeal in criminal cases which impact society. The supreme court acknowledged the role of third party in challenging judgement of Rajasthan High Court and addresses that it is collective responsibility of society to safeguard justice and public order. This has enabled a path forward for the citizens and organisations to advocate freely for justice where the victim may face pressure to compromise or lacks the power to contest the cases.

[1] 2024 LiveLaw (SC) 865., Supreme Court of India, November 7, 2024.

       [2] Protection of Children from Sexual Offenses (POCSO) Act, 2012.

       [3] 10 SCC 303.

[4] (2019) 5 SCC 688.