The Meghalaya High Court has set aside a POCSO case registered in West Khasi Hills, taking into account the social background of the relationship and the present condition of the woman and her children.
The case goes back to 2021, when an FIR was filed at Mawshynrut Police Station under Sections 5 and 6 of the Protection of Children from Sexual Offences (POCSO) Act. The case was registered after a teenage pregnancy was reported. At that time, the girl was around 16 years old, while the man was about 25 to 26 years old.
Later, both the man and the woman approached the High Court together, seeking to quash the case. They informed the court that they are now living together as a family and have two children.
A report placed before the court by the High Court Legal Services Committee stated that the woman had given her consent in an informed and voluntary manner. It also confirmed that the couple is living together with the support of their family members.
During the hearing, the court also noted that the man works as a mason and is taking care of the household. He is supporting the woman and their children, including meeting daily expenses and education-related needs.
The court further observed that the couple had planned to get married earlier but could not do so because they did not have important documents such as birth certificates and identity proof.
While passing its order, the court looked at the wider social situation in Meghalaya. It noted that in many cases, young people enter into relationships at an early age, which sometimes leads to early marriage or living together. The court also referred to the matrilineal system followed in the state, where family lineage passes through the mother and women often have a stronger say in personal matters.
Considering all these points, the court said that continuing the criminal case would not serve any useful purpose. It observed that when both individuals are living together as a family and the woman has given her consent, continuing legal action may only create more problems for the woman and her children.
The court then ordered that the FIR and the ongoing trial before the Special POCSO Court in West Khasi Hills be cancelled.
At the same time, the court directed the concerned authorities to ensure that the woman and her children receive benefits from government welfare schemes. These include schemes related to child protection, health support and victim compensation.
Officials have also been asked to help the family in getting necessary documents such as birth certificates, Aadhaar cards and voter identity cards.
The court has fixed June 29 as the next date for submission of a compliance report to ensure that its directions are properly followed.