oppn parties POCSO and the Article 142 Exit Door

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  • Allahabad HC said that the UP Police is acting as law unto themselves as they detained a person unlawfully even before his arrest
  • Kolkata witnesses traffic snarls on the first day of the Durga Puja festival as revellers start pnadal-hopping
  • Neha Bora was subsequently released and Dipke is to appear before a magistrate today at noon
  • Delhi Police detained Cockroach Janta Party founder Abhijeet Dipke, Neha Bora of AISA, student leaders and supporters ahead of a rally in Connaught Place demanding Chief Election Commissioner Gyanesh Kumar's resignation. The protest followed the detention and jailing of two CJP leaders earlier in the week over demonstrations at Jantar Mantar
  • The Reserve Bank of India is considering further monetary tightening to counter capital outflows and increase the cost of betting against the rupee, according to bankers and analysts cited by Reuters. The measures follow recent rate increases and steps to drain liquidity as pressure on the currency and inflation concerns persist
  • India directed oil marketing companies to stop diverting sugar-based feedstocks for ethanol production in the 2026–27 supply year, according to a new tender issued on Friday. The companies have invited bids for 11 billion litres of ethanol made from alternatives including corn and broken rice, amid concerns about domestic sugar supplies and prices
  • Finance Minister Nirmala Sitharaman said India's trade imbalance with China was growing sharply and attributed the problem partly to restrictions on Indian goods and services entering the Chinese market. China subsequently said it was ready to work with India to address mutual economic and trade concerns; India's trade deficit with China reached $69 billion in the first half of FY2026–27, up 27% year-on-year
  • Indian equity benchmarks extended their recovery on Friday, with the Sensex rising 413.66 points to close at 74,729.27 and the Nifty 50 gaining 148.80 points to settle at 23,146.15. Information technology shares, including Tech Mahindra, Infosys and TCS, helped lift the indices
  • India defeated Zimbabwe by four wickets in the opening women's T20 International in Raipur, taking a 1–0 lead in the three-match series. Deepti Sharma and Niki Prasad combined in an 82-run stand after India's top order collapsed, helping the hosts chase down Zimbabwe's total of 114 for five
  • Indian wrestler Komal won bronze in the women's 59 kg category at the Under-23 World Wrestling Championships in Las Vegas, defeating Kazakhstan's Viktoriia Khusainova 7–2. Fellow Indian Amruta Pujari advanced to the women's 72 kg final after recording two pinfall victories
  • Indian shuttler Jagsher Singh Khangurra secured a bronze medal at the BWF World Junior Badminton Championships in Cairo
  • The Supreme Court of India upheld the Bombay High Court's decision quashing the 2020 write-off of ₹8,415 crore in additional tier-1 bonds issued by Yes Bank (Yes Bank). The court ruled that the bank's administrator lacked the authority to extinguish the bonds under the final reconstruction scheme, strengthening bondholders' claims
  • The Supreme Court issued notices to the Election Commission of India, Delhi Police and opposition leaders, including Rahul Gandhi and Akhilesh Yadav, in separate petitions concerning electoral-roll revision and protests held in Delhi on October 10–12. The court also directed the preservation of CCTV footage linked to allegations of police excesses
  • The Supreme Court ruled that a person converting from Hinduism to Islam cannot automatically claim backward-class reservation benefits in the new religious community solely on the basis of their previous caste status. The judgment upheld the Madras High Court's decision striking down a 2024 Tamil Nadu government order that permitted such certification for specified communities
  • The Election Commission of India ordered a Special Summary Revision of electoral rolls in 14 states and three Union Territories, using January 1, 2027, as the qualifying date for voter eligibility. The draft rolls are scheduled for publication on November 12, claims and objections will be accepted until December 11, and the final rolls are due on January 4, 2027
Delhi HC refuses to ban CJP's Tiranga rally at Central Park in Connaught Place today /////// Police says will control and regulate it /////// NDMC closes the park for the public on Friday and Saturday
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POCSO and the Article 142 Exit Door

By Sunil Garodia
First publised on 2026-06-10 13:17:19

About the Author

Sunil Garodia Editor-in-Chief of indiacommentary.com. Current Affairs analyst and political commentator. Author of Cyber Scams in India, Digital Arrest, The Money Trap and The Human Hack

On June 8, 2026, the Supreme Court set aside the POCSO conviction of Tamil Nadu resident Maruthupandi. He had been found guilty of aggravated penetrative sexual assault under Section 6 of the Act - one of its most serious provisions. The Court invoked Article 142. It cited the victim's subsequent marriage to the convicted man, a payment of Rs.10 lakh, and the passage of time. It then set him free. The compassion is understandable.The order is not.


The Wrong Question

Supporters will argue this was adolescent romance, not predatory assault. That argument has a factual basis. It has no legal relevance. POCSO is a strict liability statute. Parliament deliberately chose not to distinguish between predatory abuse and adolescent romance - because social pressure and power imbalance can make claims of consent unreliable when one party is a minor. The Court did not dispute the facts of the offence. It said it was not entering the merits. A court that refuses to examine the merits cannot act as though the merits were examined.

Marriage, Money, and No Safeguards

The offence was established through the criminal process and survived appellate scrutiny. Between that confirmed conviction and its erasure lies a marriage of uncertain origin and a Rs.10 lakh payment the Court recorded approvingly - without once examining whether the victim's change of position was freely arrived at or financially induced.

More troubling: once the conviction is set aside, nothing protects her if the marriage fails. The money is spent. Family court remedies are slow and expensive. There is no court-imposed condition, no verification requirement, no conditional warning of the kind the Supreme Court itself inserted in the earlier K. Kirubakaran case in October 2025. That bench at least warned the husband that future default would have consequences. The June 8 order offers unconditional finality - to him. To her, it offers nothing enforceable.

The Constitutional Problem

Article 142 exists for exceptional cases. It was not designed to become a recurring mechanism for softening a statutory framework Parliament deliberately enacted. The Supreme Court is separately examining whether the age of consent under POCSO should be reduced to address consensual adolescent relationships. That is the correct route - legislative reform, open debate, parliamentary mandate. Many democracies have addressed this through "Romeo and Juliet" provisions that decriminalise adolescent romance while preserving full penalties for adult predators. India can do the same. Through Parliament. Not through ad hoc Article 142 orders that come with "not a precedent" disclaimers that an increasingly visible pattern has rendered unconvincing.

Two Supreme Court orders. Both Tamil Nadu. Both Section 6 POCSO convictions. Both set aside under Article 142 after the accused married the victim. That is not a coincidence. That is a route.

The Real Cost

Every time the Court intervenes this way, Parliament is relieved of the pressure to act. The law remains unreformed. The exit route remains open. And somewhere, the message is being received by people the law was built to deter.

The Court called it complete justice. For the accused, it is. For the next minor whose case may never reach a courtroom because the exit route is now visible, it is something else entirely. It is erosion of the law, one exceptional case at a time.