Top Court Clamps Down On Misuse Of Child Abuse Law In Matrimonial Disputes

Flagging the rising menace of false sexual-assault complaints involving children in matrimonial cases filed by estranged couples under the POCSO Act, the Supreme Court on Thursday said there will be no immediate arrest of an accused if the offence is alleged to have been committed by a parent or a family member living under the same roof.In a landmark verdict, a bench of Justices J B Pardiwala and K V Viswanathan directed that a psychological or psychiatric evaluation of the child by experts is a must, before police or courts form their opinion to arrest the parent or family member staying under the same roof against whom allegations have been made.It said the trauma that a child is put through in the process and the accusation can damage the very fabric of the parent-child relationship and the resultant wound is bound to leave an indelible scar in the minds of…