Over 2,600 activists, groups demand judicial accountability after High Court’s controversial POCSO order

By A Representative

More than 2,600 activists, academics, lawyers, journalists, artists, and citizens across India have written to the Chief Justice of India (CJI) expressing concern over a March 17, 2025, revisional order (No. 1449/2024) by the Allahabad High Court in a case under the Protection of Children from Sexual Offences (POCSO) Act. The collective, led by the coalition Feminists for Judicial Accountability, criticized the order as emblematic of institutionalized misogyny and called for systemic reforms to ensure gender-sensitive judicial processes.

The letter acknowledged the Supreme Court’s recent suo motu (self-initiated) intervention, which termed the High Court’s order “totally insensitive, inhuman,” and “unknown to the tenets of law.” However, it emphasized that such rulings reflect a broader pattern of patriarchal bias within legal institutions, urging the judiciary to address systemic failures in handling sexual violence cases.

Highlighting a “disturbing trend” of shielding perpetrators of crimes against marginalized groups, particularly women and survivors of domestic, sexual, or communal violence, the signatories warned that such rulings risk normalizing injustice. “This judgment is a striking example of such a trend and is likely to strengthen an unfortunate and unfair dynamic,” the letter stated.

Key demands include:

1. Mandatory gender-sensitivity training for judges on sexual violence and survivor trauma.

2. Restricting judges with demonstrated patriarchal biases from presiding over sexual crime cases.

The letter has garnered support from prominent civil society groups, including the People’s Union of Civil Liberties, All India Democratic Women’s Association, Saheli Women’s Resource Centre, and Sruti Disability Rights, among others. Notable endorsers include social activists Aruna Roy, Syeda Hameed, and academic Uma Chakravarti.

Feminists for Judicial Accountability, a national coalition behind the campaign, announced plans to pursue long-term advocacy for judicial accountability, stressing the need for structural changes to ensure equitable justice.

The Supreme Court is yet to formally respond to the letter.

Background

- The POCSO Act, enacted in 2012, criminalizes sexual offenses against individuals under 18.

- *Suo motu* cognizance allows courts to independently address issues without a formal petition.

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