The Madurai (Rural) Police have registered a first information report against six school-going Dalit children, aged between seven and 12, under the provisions of the Protection of Children from Sexual Offences (POCSO) Act after they were engaged in a fight with some other school children who belong to the Hindu intermediate castes.
The M. Kallupatti police in Madurai district registered the case on Saturday based on a complaint lodged by one S. Velusamy which said the children had assaulted, abused and sexually tortured his daughter and her friends when they were going to school on Friday. He claimed that the “victims” suffered cut injuries. The complainant gave neither the names nor the age of the accused but made only a mention of their parents’ names.
The police slapped cases against the minors under Section 341 (wrongful restraint), 294 (b) (uttering obscene words in public place), 324 (voluntarily causing hurt using dangerous weapons), 506 (2) (criminal intimidation) of the IPC and also invoked Sections 9 (I) (committing sexual assault causing grievous hurt), 9 (m) (committing sexual assault on a child below twelve years of age) and others of the POCSO Act. The incident allegedly happened at Ulaipatti village when the girls, all aged 10 years and below, were going to school. The headmasters of both the schools had been informed.
‘Well within the law’Fending off criticism, Madurai SP Vijayaendra Bidari told The Hindu : “We were not aware of the name or age of the accused persons. Since the complaint involved a cognizable offence, the police registered a case under appropriate provisions of law. This is only a FIR, the Sections might vary based on the outcome of the investigation … police acted well within the law.”
Since the accused are children, the case was referred to the District Child Welfare Committee and the Juvenile Justice Board. A woman police officer was assigned to investigate the case. “The children were neither detained nor examined by the police. We only asked the school headmaster to make enquiries with them. Two children who suffered injuries have been hospitalised,” Mr. Bidari said.
However, V. Suresh, Peoples Union for Civil Liberties national general secretary, said: “It is shocking that children, including a girl, have been accused of participating in sexually offensive activities. The POCSO Act cannot be invoked against children.” Urging the Tamil Nadu government to withdraw the case, A. Kathir of ‘Evidence’, a human rights organisation, said the allegations made in the complaint were “baseless.” Vidya Reddy of Tulir, Centre for the Prevention & Healing of Child Sexual Abuse, said the case was a complete misuse of POCSO Act.
“It is ridiculous to attribute sexual intent to children aged between 7 and 12 years. The children apparently argued, threw stones and grabbed each other in a fit of rage. How can this be a sexual offence and brought under the realm of the POCSO Act,” she asked.
