The Supreme Court of India, led by Chief Justice D.Y. Chandrachud, has invoked its extraordinary powers under Article 142 of the Constitution to remit the 20-year sentence of a Tamil Nadu man, Sankar, convicted of aggravated sexual assault against a 14-year-old girl, who he later married and fathered children with. This ruling, delivered by a special bench that also includes Justices Sanjiv Khanna and B.R. Gavai, underscores the apex court’s commitment to delivering ‘complete justice’ in complex legal and social scenarios.
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Sankar, who was sentenced under Section 6 of the Protection of Children from Sexual Offences (POCSO) Act in 2018—a sentence upheld by the Madras High Court in 2021—filed a curative petition in the Supreme Court, a rare legal remedy, after his appeals and a review petition were rejected. In his plea, Sankar highlighted the devastating impact his incarceration had on his family life, leaving his wife (the victim) and their children in a state of destitution.
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The court’s decision to remit Sankar’s sentence was influenced by the “peculiar facts” of the case, including the acknowledgment of the marriage and the existence of children from the union. The bench ordered Sankar’s release and waived the ₹2 lakh fine imposed on him, emphasizing the need to balance legal principles with the realities of social customs and the well-being of the individuals involved.
This ruling draws parallels with previous judgments, such as the K. Dandapani case, where the Supreme Court chose not to disrupt the marriage and family life of a man convicted of raping his minor niece, who he later married. These decisions highlight the court’s nuanced approach to cases where traditional practices, such as avunculate marriage (between maternal uncles and nieces), intersect with the stringent protections afforded by the POCSO Act.
The Supreme Court’s use of its powers to do ‘complete justice’ in this case reflects an ongoing dialogue between law, society, and the complexities of individual circumstances, underscoring the judiciary’s role in adapting legal principles to the nuanced realities of life in India.
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