Village girl's fight for justice highlights lacuna in system: Justice Oka

NEW DELHI: It is a tale of tenacity, commitment and indomitable faith of a poor village girl who fought to protect her husband and won. Convicted and sentenced for having a physical relationship with her when she was a minor, Supreme Court held that true justice did not lie in sending the accused to jail, but in allowing the two to live together as a family.

A bench of Justices Abhay S Oka and Ujjal Bhuyan expressed surprise at the way in which the girl had fought an arduous legal battle single handedly from trial court to SC, despite being abandoned by her family and ostracised by society to get her love released from jail. It said the society judged her, the legal system failed her, and her own family abandoned her, and now, she is at a stage where she is desperate to save her husband.

The court passed a one-of-its-own kind of order by invoking Section 142 of the Constitution to do complete justice on the basis of findings of SC-appointed three member committee of experts, including a clinical psychologist and a social scientist, to interact with her and her family members and in-laws. The committee said that sending the accused, who is now her husband, behind bars would be punishment to the girl who is taking care of her family and four-year child and also pursuing her studies in Class 10.

"The facts of this case are an eye opener for everyone. It highlights the lacuna in our legal system. The final report concludes that though the incident was seen as a crime in law, the victim did not accept it as one. The committee records that it was not the legal crime that caused any trauma to the victim, but rather, it was the consequences that followed, which took a toll on her. What she had to face as a consequence was the police, legal system and constant battle to save the accused from punishment," said Justice Oka, who penned his last verdict for the bench on day of his retirement.

"In law, we have no option but to sentence the accused and send him to jail for undergoing the minimum punishment prescribed by the statute. However, in this case, the society, the family of the victim and the legal system have done enough injustice to the victim. She has been subjected to enough trauma and agony. We do not want to add to the injustice done to the victim by sending her husband to jail. We as judges, cannot shut our eyes to these harsh realities. Now, at this stage, in order to do real justice to the victim, the only option left before us is to ensure that the accused is not separated from the victim. The State and the society must ensure that the family is rehabilitated till the family settles down in all respects," the bench said.

The court said this case is an illustration of the complete failure of our society and our legal system, and all the system can do for the victim now, is to help her fulfil her desire of completing her education, settling down in life, providing a better education to her daughter and ensuring overall better living conditions for her family.

In this case, the girl was 14 years old and in Class 10 when she fell in love with a 25-year-old daily wage earner in 2017. She gave up her studies, left her home in 2018 and got married at a temple against wishes of the family which lodged a case under Pocso. He was sentenced to 20-year jail term by trial court. This was set aside by Calcutta high court which passed unnecessary remarks against the girl to control her "sexual urges". Taking strong exception to HC's remarks, SC set aside the order and convicted the accused but let him off. A girl child was born out of the relationship in 2001. In the course of the trial he was arrested and remained in jail for two years.