In a significant ruling, the Kerala High Court has dismissed criminal proceedings against a mother who failed to report a POCSO offence involving her minor daughter. The court recognized the profound emotional trauma the mother endured upon discovering her 17-year-old daughter was 18 weeks pregnant, ruling that this shock impacted her ability to act decisively.
Justice A. Badharudeen, presiding over the case, emphasized the natural psychological effects such distressing news could have on a parent. He noted, “The shock and trauma of learning that her unmarried daughter is 18 weeks pregnant would likely cause indecisiveness, inaction, and confusion in the mother’s mind. In such circumstances, the mother would understandably require some time to regain normalcy.”
The case unfolded when the petitioner took her daughter to a hospital, confirming the pregnancy, and subsequently visited a private hospital for further management instead of the Government Medical College as initially advised. It was there that a doctor filed a mandatory report, leading to a police statement from the victim the following day.
However, the mother faced charges under Section 21 read with Section 19(1) of the POCSO Act for not reporting the incident immediately. Her legal defense argued that there is no specified timeframe within Section 19(1) for reporting the commission or suspicion of an offence, highlighting the undue hardship she faced being tried alongside the primary perpetrator despite her lack of direct involvement or intent (mens rea).
In his judgement, Justice Badharudeen remarked, “Adding criminal prosecution on a mother already in such a traumatic situation would be adding insult to injury.” He further clarified that the mother’s failure to inform the authorities was not deliberate or willful, considering her emotional state.
