Placing the social stability of a family and the future of a four-year-old girl above technical legal prosecution, the Meghalaya High Court has completely quashed an FIR and ongoing criminal proceedings under the Protection of Children from Sexual Offences (POCSO) Act against a 27-year-old man. A two-judge bench ruled that since the accused and the victim have legally married and are currently leading a peaceful life together, sending the husband to prison would destroy the lives of the woman and her child.
Background of the 2021 Case in Ri-Bhoi District
The case dates back to 2021 in the Ri-Bhoi district of Meghalaya, when an FIR under the POCSO Act was lodged against the youth at the Ri-Bhoi Women Police Station while the girl was still a minor and pregnant. However, upon attaining majority, the woman voluntarily chose to live with the man. In March of this year, the couple formally registered their marriage before the Marriage Registrar in Nongpoh. They are currently raising their four-year-old daughter as a family.
Findings of the Legal Services Committee and the Wife's Request
A report submitted by the High Court Legal Services Committee confirmed to the bench that the couple is living peacefully with their child. The woman also shared her personal circumstances with the court, explaining that repeated legal hearings had forced her to drop out of her Diploma in Laboratory Technology program. Expressing a desire to pursue legal education or vocational training now, she explicitly stated that she had no objection whatsoever to ending the criminal proceedings against her husband.
Judicial Rationale on Social Realities vs Legal Rigidity
Citing its earlier judgment in Shalenbor Wahtang versus State of Meghalaya, the High Court observed that consensual adolescent relationships are a common social phenomenon within the state. The bench remarked that although offences under the POCSO Act are classified as crimes against society, the judiciary cannot remain detached from ground realities. In cases where a family unit has already been established, enforcing strict legal penalties would severely harm the welfare and security of the victim and her child.
Directives for Government Welfare Benefits and Education Support
While quashing the criminal proceedings, the court directed local authorities to ensure that both the woman and her four-year-old daughter receive all benefits under relevant government welfare schemes. Furthermore, the High Court mandated the District Legal Services Authority to arrange for the woman's higher education or vocational training within a strict timeframe of eight weeks.
