We have been acquitted, but from where do I get that courage ', this pain is the father who accused his own daughter of false rape. Due to a property dispute, his wife falsely accused the daughter of raping her. The father was acquitted after 18 months of imprisonment by a special POCSO court in Rajasthan, but this wound could hardly be healed.
This is neither the first such case in the country nor the last. Such examples of severing relationships for the sake of selfishness are trying to hollow out our social system. The Protection of Children from Offenses Act (POCSO-2012) was enacted to prevent incidents of children.
The lawmakers laid the groundwork for the POCSO law with sensitivity and vigilance. At the same time obstructing such routes, The perpetrator of such a heinous crime could have found a loophole. But, it is unimaginable that even a conflict of matrimonial relationships can use POCSO as a vendetta weapon. A case in this context was heard in August 2019.
It is pertinent to mention the observation of the Madras High Court during this period that the attention of the Court was drawn several times to the false allegation information relating to POCSO, where such shoddy tactics were used to pressurize the husband.
The court was not ready to believe that such incidents could even happen. Such false cases of POCSO have become a challenge before various courts in the country. The reason is also clear. The mother who made the allegation is not even a liar easily. It can be assumed that only mothers free from the periphery of time and time are the heads of children. Accepted as the most benevolent. The same thinking has given them to the biological father of their own children.
Such women are well aware of the fact that the role of men in negative situations in society is always considered suspicious. Even if he is the biological father, why not? In another case, the Kerala High Court had suggested that a cautious approach should be taken to the POCSO FIR and the allegations leveled against the biological father during a matrimonial dispute.
The court had also said that only in rare cases the allegations against the biological father are likely to be true. The question that arises is how to stop such viciousness. It would be hard to imagine this to be expected of couples who use their children as chess pieces in matrimonial disputes.
This is also because the spirit of revenge provokes a man to cross the limits of both dignity and humanity. In fact, it is necessary to pay attention to all those aspects, so that the misuse of the POCSO Act can be checked. It is very important that the Police and Child Welfare Committee (CWC) act sensitively and without prejudice in such matters.
Various courts have also given their observations from time to time on the role of CWC in such cases. With the changing social environment, changes in laws also become inevitable. In such a situation, there will have to be a rethink on preventing the use of POCSO law in matrimonial disputes.
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