‘Worst form of secondary victimisation’: Supreme Court raps Gurugram Police over child abuse probe

The court described the conduct of the officers towards the four-year-old victim and her parents as “the worst form of secondary victimisation” and “disrespect”.

A bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi made the strong observations while hearing a plea filed by the victim’s parents, who alleged police inaction.

The bench questioned why the offence was downgraded from Section 6 of the POCSO Act, which mandates a minimum 20-year jail term upon conviction, to Section 10, which carries a significantly lesser punishment.

When Additional Solicitor General Aishwarya Bhati, appearing for Haryana, argued that the charges were modified based on the Child Welfare Committee’s assessment, the court challenged the rationale, asking her “not to defend the indefensible.”

Justice Bagchi observed that even senior police officers, including the Deputy Commissioner of Police and Assistant Superintendent of Police, appeared to lack understanding of the gravity of the offence. He stressed that rape is not limited to penal penetration and termed the situation “deeply distressing.”

The Chief Justice criticised the police for failing to act for over two weeks and questioned their handling of evidence. “The moment we take cognisance, you start making arrests. Do you want us to tell you what you were doing all this while?” he remarked.

The court also took strong exception to the disclosure of the minor victim’s identity in official documents, calling the investigation “insensitive, reckless, irresponsible and completely unlawful,” and said it had further aggravated the child’s trauma.