20 June 2026 Legal Updates

POCSO Principles Must Guide Child Custody Cases Too: Supreme Court

• In a significant child-rights judgment, the Supreme Court has held that the protective principles of the Protection of Children from Sexual Offences (POCSO) Act, 2012 should not remain confined only to criminal trials but must also guide courts while deciding custody, visitation, and parental access disputes involving child victims of sexual abuse. The Court emphasized that the judicial process itself should not become a source of fresh trauma for the child and that child welfare must remain paramount not only in the final outcome of the case but also in the procedure adopted during the proceedings.
• The case, Sheetal Vasant Thakur v. Chirag Arora, was heard by a bench of Justice Sanjay Karol and Justice N. Kotiswar Singh. It arose out of a custody dispute where the child was also an alleged victim of sexual abuse. A key issue before the Court was whether repeated psychological evaluations, interviews, and interactions with the child during the litigation could themselves cause emotional harm. Addressing this concern, the Court observed that such repeated engagement may aggravate trauma rather than aid in the child’s welfare. It stressed that courts must be extremely cautious in involving children in adversarial proceedings, especially where allegations of abuse are involved.
• The Supreme Court referred to the broader philosophy of the POCSO Act, particularly Section 33(5), which mandates that a child should not be repeatedly called to testify in criminal trials. Although this provision technically applies only to criminal proceedings, the Court held that it reflects an important child-protective principle: that repeated legal involvement itself can become a source of secondary victimisation. Therefore, while this provision cannot be mechanically extended to custody disputes, its underlying principle must guide judicial decision-making in family law cases as well.
• The Court explained that the POCSO Act is designed not only to punish offenders but also to protect the dignity, emotional integrity, and mental well-being of children. It referred to Section 24, which ensures that statements are recorded in a child-friendly manner, Section 36, which protects children from direct confrontation with the accused, and Section 39, which provides for support persons, translators, and experts to reduce trauma. Together, these provisions embody the principles of minimum exposure and minimum re-traumatisation, which the Court said should influence all judicial proceedings involving child victims, including custody and visitation matters.
• A particularly important distinction made by the Court was between therapeutic engagement and forensic engagement. It observed that therapeutic interaction, such as counseling, may help in the emotional rehabilitation of the child. However, forensic engagement—such as repeated psychological evaluations conducted to strengthen the claims of one parent in litigation—can be harmful. The Court warned that this may convert the child into an object of continuous forensic scrutiny, making the child an unintended casualty in the legal tug-of-war between parents. Such a process, it held, would directly compromise the welfare of the child.
• The judgment also expanded the understanding of the “best interest of the child” doctrine. Traditionally, this principle has been used to decide who should get custody of a child. However, the Supreme Court clarified that this doctrine is much wider and also governs the procedure through which courts engage with children during the pendency of litigation. This means that child welfare is not limited to determining custody arrangements but also includes ensuring that the judicial process itself is sensitive, minimally intrusive, and psychologically safe.
• Ultimately, the Court held that any interaction with a child victim must be guided by the principles of minimum intrusion and minimum exposure, while ensuring that the child’s emotional safety, dignity, and mental well-being remain the highest priority. This judgment reinforces the constitutional spirit of Article 21, recognizing that the right to dignity and psychological integrity extends fully to children and must shape every aspect of judicial decision-making involving them.

One-Line Legal Principle

• The Supreme Court held that the child-protective philosophy of the POCSO Act—especially the principles of minimum exposure and prevention of re-traumatisation—must guide custody and visitation proceedings as well, because justice cannot come at the cost of a child’s emotional safety.

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