Punjab and Haryana High Court calls for compassion in delivery of justice, shift in perspective

Tribune News Service

Saurabh Malik

Chandigarh, March 19

The Punjab and Haryana High Court has ruled that absolute impartiality devoid of compassion often results in fairness becoming a casualty. The assertion came as Justice Harpreet Singh Brar called for a renewed perspective in the application of justice driven by compassion and understanding.

What court observed

While justice in itself is a dynamic concept, directly influenced by the morality of an ever-evolving society, it can be said with certainty that absolute impartiality and lack of compassion often claims fairness as a casualty. In a welfare State, it is important the vulnerability of the disadvantaged is recognised and the application of justice is viewed from a renewed perspective. — Justice Harpreet Singh Brar

The ruling came in the case of a “girl” who visited the Government Multi-Speciality Hospital-16 with her husband when she was eight-month pregnant. At that time, there was no way she could have realised that it was the beginning of a traumatic experience for her and the family. Her husband was arrested even though there was no complaint by the girl’s family. Her child died soon after delivery.

The matter was placed before Justice Brar’s Bench after the husband sought the quashing of the FIR registered on February 20, 2023, for rape under Section 376(2)(n) of the IPC and the provisions of the POCSO Act at the Sarangpur police station.

Justice Brar asserted criminal proceedings had wreaked havoc on the couple’s lives. The genesis of the FIR was in the reporting of the pregnancy by the doctors under the POCSO Act. The intent behind the statutes criminalising sexual exploitation of women, especially children, was noble in all “senses of the term”. But it was required to be understood that their application could not be divorced from the reality of the situation.

Justice Brar asserted the intention behind creation of the POCSO Act was to protect children from sexual exploitation and promote deterrence by special procedure and stringent punishment. Sincere efforts have been made through legislations and policies to combat the child marriage. But the courts have time and again reiterated that the minors’ welfare took precedence over everything else. As such, “adjudication of a case without considering the societal and cultural context would be a travesty of justice”.

Justice Brar added the “overarching aim of justice is to serve what is deserved, and accountability and fairness are identifying features of the same”. But the purpose would be defeated if justice was viewed in its absolute mechanical form, devoid of context and nuance.

Allowing the petition, Justice Brar added the plight of the young married couple, who lost a child and were running from pillar to post to restore normalcy, could only be truly addressed when compassion drove justice.

About The Author

Tribune News Service

The Tribune News Service brings you the latest news, analysis and insights from the region, India and around the world. Follow the Tribune News Service for a wide-ranging coverage of events as they unfold, with perspective and clarity.

Join Whatsapp Channel of The Tribune for latest updates.