POCSO Principles Must Guide Child Custody Cases Too: Supreme Court

POCSO Principles Must Guide Child Custody Cases Too: Supreme Court

In a landmark judgment, the Supreme Court held that the child-protective principles of the Protection of Children from Sexual Offences (POCSO) Act, 2012 should guide not only criminal trials but also custody and visitation disputes involving child victims of sexual abuse. In Sheetal Vasant Thakur v. Chirag Arora, the Court observed that repeated psychological evaluations, interviews, and interactions during custody litigation can themselves cause emotional harm and amount to secondary victimisation. Referring to the philosophy underlying Sections 24, 33(5), 36, and 39 of the POCSO Act, the Court emphasized the principles of minimum exposure and prevention of re-traumatisation. It distinguished therapeutic engagement from repeated forensic evaluations conducted for litigation purposes and cautioned against turning children into subjects of continuous legal scrutiny. Expanding the “best interest of the child” doctrine, the Court held that child welfare governs not only the final custody decision but also the procedure adopted throughout the proceedings. It concluded that every judicial interaction with a child must prioritize dignity, emotional safety, and psychological well-being in line with Article 21 of the Constitution.