New Delhi [India] February 19 : "My faith in justice is restored," the mother of the 11-year-old survivor said on Thursday, welcoming the Supreme Court judgment that set aside an order of the Allahabad High Court which had diluted charges against two men accused of sexually assaulting her daughter.
Expressing relief and gratitude, she said the apex court's decision has renewed her confidence in the legal system's ability to protect children and ensure accountability. The mother said that after months of uncertainty and distress, the Supreme Court's intervention has brought a sense of vindication.
"I hope no other child has to struggle to be believed, and that this judgment helps many others who cannot speak for themselves," she said, adding that the support extended by child rights organisations helped her family continue their fight when they felt unheard.
A three-judge Bench of the Supreme Court comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice NV Anjaria restored the stringent charge of attempt to rape under the Protection of Children from Sexual Offences (POCSO) Act. The Court termed the Allahabad High Court's earlier ruling a "patently erroneous application of the settled principles of criminal jurisprudence."
The case pertains to an incident in November 2021 in Kasganj, where the two accused allegedly dragged the minor under a culvert and attempted to undress her. She was rescued after two passersby rushed to the spot on hearing her cries. However, in March 2025, the Allahabad High Court held that the alleged acts, grabbing the child's breast and breaking the string of her pyjama, amounted only to "preparation" and not an attempt to commit rape, thereby reducing the charges.
Challenging this finding, Just Rights for Children, a network of more than 250 NGOs working on child protection, filed a Special Leave Petition in the Supreme Court on behalf of the victim.
The petition also sought the framing of guidelines to ensure greater sensitivity in handling cases involving vulnerable victims.
While setting aside the High Court's order, the Supreme Court also directed the National Judicial Academy, Bhopal, to constitute a committee to prepare a comprehensive report aimed at developing guidelines to promote judicial sensitivity in cases of sexual abuse. The Bench observed that the report should be thorough, with appropriate explanations and illustrations to clarify legal principles and best practices. The Academy has been granted three months to submit its report, and the Court has invited suggestions from the NGO network in this process.
Senior Advocate H.S. Phoolka, appearing for Just Rights for Children, described the ruling as significant for strengthening legal safeguards for survivors of sexual violence. He said the judgment sends a clear message that prejudice and flawed reasoning have no place in cases involving children.
Ravi Kant, National Convenor of the organisation, said the verdict marks the culmination of a determined effort to secure justice and dignity for the survivor. He welcomed the Court's intervention, stating that crimes against children must be treated with seriousness and empathy, and that the decision reinforces public faith in the justice system.