‘We are concerned’, Supreme Court strict on language in POCSO case

The Supreme Court took suo motu cognizance of the Allahabad High Court order passed in March 2025 in which the charges in the POCSO case were limited to “molestation”. The Supreme Court has asked the National Judicial Academy to look into sensitizing the judges by giving them specialized training. In this case, senior advocate Shobha Gupta said that the kind of language used in the said decision seems to belittle the seriousness of the crime. They dragged the 11 year old girl under the culvert. Tried to take off her clothes. Broke the string of salwar.

In this case, the High Court judge says, “Because she had agreed to go with him, you have invited the accused to commit such acts.” Same thing happened in Kolkata rape case also. This kind of language should not be used in the decision. In collaboration with the Victims Rights Centre, the Legal Services Authority of Kerala State, we are also doing sensitization work regarding age appropriate language.

What did CJI Surya Kant say?

CJI Justice Surya Kant said, “There are two issues in this regard.” The main case is where we are concerned about the victim. This becomes a humiliating and lifelong painful experience. The victim suffers an emotional breakdown. The second issue is the guidelines and broad principles to be kept in mind regarding the language to be used in such cases. The CJI further said that we can set judicial guidelines on the language to be used in the court.

Senior advocate HS Phoolka said that a similar exercise was done in 2021 also. Then a handbook was prepared and published in this regard but it is not being used. The CJI said that in fact the booklet was using complex “Harvard language”. There should be a logical connection between what kind of language should be used where and under what circumstances. It can’t just be a little booklet. Social mores, cultural sensitivities etc. should be kept in mind.

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