Misuse of POCSO, rape provisions & delays in justice

05/11/2025

The executive and the legislature make laws with the stated intent of ensuring justice and the welfare of the people. However, it is an unfortunate truth that vested interests often exploit these very laws for ulterior motives, damaging both the judicial system and the faith of society in justice. Two glaring instances reveal how cleverly the legal machinery can be manipulated and how justice becomes the ultimate casualty.
In the first case, an RTI activist from Mahore, District Reasi, became the victim of a deeply disturbing conspiracy. This individual, known for raising his voice against local corruption and police inaction, once questioned the authorities over their failure to register a rape case allegedly committed in the area. The reaction of the local police was not to uphold the law but to misuse it.
In an act of clear retaliation, a plot was hatched to frame the activist himself in a fabricated rape case. A married woman from the same locality, who was a frequent visitor to the Mahore police station, was persuaded to become part of the plan. She was made to allege that she had been forcibly married at gunpoint by a terrorist and that an AK-47 rifle was lying at her home. Instead of pursuing the serious cognizable offence involving terrorism and illegal possession of arms, the police conveniently ignored that part of the story.
Instead, they encouraged the woman to file a false FIR of rape against the RTI activist and social worker. The plan was executed the next morning - the activist was arrested, and the case of the terrorist and the rifle was buried. The AK-47 was never seized, the terrorist never traced, and the complaint against him was cleverly merged into the fabricated case against the activist.
The result: an honest citizen continues to face trial for years, while the real criminal walks free. The activist, now an elderly man with a family and grown-up daughters, lives under the cloud of a false stigma. The tragedy is not only personal - it exposes how sections of law meant to protect the vulnerable are instead misused to settle scores and shield the guilty. Will anyone in authority ever act against the officers who allowed a terrorist to go free while prosecuting an innocent man?
The second case, from Samba, illustrates another dimension of the rot - the agony of endless judicial delay. Here, a woman Army Major, who was married, developed a long-term relationship with another Army Major, who was also married. Their relationship was consensual and reportedly continued for several years, almost like a live-in arrangement. However, in 2016, following a personal crisis and heavy drinking, the woman took her own life using her service weapon.
Shockingly, the man was charged with rape and abetment to suicide. In 2017, the police filed a challan naming 44 witnesses. Yet, after eight long years, only 8-10 witnesses have been examined. Despite repeated directions, most witnesses have failed to appear, and the prosecution has shown no urgency. The Senior Superintendent of Police submitted a report about the service of summons to 21 witnesses, but the document was never taken on record by the court, despite the defence counsel's request.
This case has become a symbol of how justice is mocked through procedural apathy. The accused remains entangled in a case that drags endlessly, while the prosecution and the court take no serious steps to conclude it. Is this what we call "speedy justice"? Or is it simply another cruel illusion?
Similarly, in yet another matter, that of Jeep Singh, pending before the Additional District Judge, Jammu, even after the conclusion of arguments and clear directions from the High Court to pronounce judgment expeditiously, the decision remains undelivered for weeks. Three years have passed since the High Court directed the trial court not to allow frivolous adjournments - yet the judgment remains reserved without pronouncement. The litigant, an elderly man, continues to wait for justice that seems forever out of reach. These examples expose not just isolated failures but a systemic breakdown. The misuse of laws like POCSO and rape provisions, the manipulation of police processes, and the endless judicial delays together form a grim picture of how our justice system is losing its soul.
The constitutional promise that "speedy justice is a fundamental right" has become a hollow slogan. Without accountability in the police, prosecution, and lower judiciary, mere pronouncements mean nothing. Dead wood in the system must be identified and removed. Justice delayed is justice denied - but in India, delay has become a way of life.
The judiciary must introspect, the executive must be held answerable, and the legislature must review and reform the laws that are open to such rampant misuse. Unless accountability is enforced, the faith of the people in the justice system will continue to erode.
O God, save the system - it has indeed crossed all limits.
(Writer is a practising Advocate and former President J&K High Court Bar Association Jammu)

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