HC quashes POCSO case citing matrilineal traditions

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SHILLONG, July 20: Prioritising “social realities” over rigid prosecution, the High Court of Meghalaya has quashed a POCSO case against an East Garo Hills man, ruling that the stability of a young family and the state’s matrilineal traditions outweigh the need for a criminal trial in “Romeo and Juliet” scenarios.
In a judgment delivered on July 16, Chief Justice Revati Mohite Dere set aside an FIR registered at Williamnagar Women Police Station in June 2023. The court noted that while the young woman was a minor when the case began, the couple has since married and is raising their three-year-old son in Saminindikim village with the full support of their families.
The timeline of the case underscores the stability of the relationship. Despite the FIR being filed in 2023, the man remained with the young woman through the legal proceedings. The couple officially married on June 30, 2026.
The High Court observed that the “social realities” of Meghalaya—where consensual adolescent relationships often lead to marriage within the matrilineal system—cannot be ignored. Referring to the precedent set in Shalenbor Wathang vs State of Meghalaya, the court held that continuing the prosecution would cause greater hardship to the mother and child than quashing it.
To ensure the young woman is financially empowered rather than just legally cleared, the court ordered a comprehensive package of state support. It directed that she and her child be provided benefits under various schemes, including the Meghalaya Victim Compensation Scheme, Mission Vatsalya, Ayushman Bharat (PM-JAY), and Mission Shakti.
While the young woman expressed a preference for vocational training in tailoring and baking over formal education, the court instructed the District Child Protection Officer (DCPO) and the District Legal Services Authority (DLSA) to facilitate her training and enrollment in these welfare programmes.
Furthermore, the court ordered that any compensation awarded be placed in a fixed deposit in the woman’s name until she turns 25, allowing her to access quarterly interest. A support person will also be appointed to help the family navigate documentation and entitlements.
The court has scheduled a follow-up hearing on September 14, 2026, to review a compliance report on the implementation of these directives.

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