West Bengal Police misusing POCSO, assaulting judges

Recent developments in West Bengal have raised serious concerns about the integrity of the state's law enforcement and judicial processes. Subhradip Mitra, a district judge in South 24 Parganas, has brought attention to disturbing allegations against West Bengal Police, accusing them in a letter of targeting judges and attempting to physically harm court officials in the Diamond Harbour sub-division.

These accusations come in the wake of controversial decisions made by the judiciary in cases related to the Protection of Children from Sexual Offences (POCSO) Act, which were reportedly not in favour of the state's ruling party, the Trinamool Congress (TMC), alleged BJP IT cell head Amit Malviya on X.

In an unusual turn of events earlier this year, the West Bengal Police designated Meta-owned Instagram as a co-defendant in a case concerning the Protection of Children from Sexual Offences (POCSO) Act. On April 11, the cyber police station in the Dakshin Dinajpur district lodged a First Information Report (FIR), identifying Instagram as a co-defendant under Section 12 of the POCSO Act, in addition to Section 67(B) of the Information Technology (IT) Act of 2000. The police cited increasing apprehensions regarding the spread of inappropriate content involving minors and Child Sexual Abuse Material (CSAM) on the social media platform.

Allegations against the police

Judge Mitra’s letter to the Registrar of the Kolkata High Court accuses West Bengal Police, specifically naming a district officer, Kumaresh Das, of orchestrating attacks on judges. The letter suggests that local police forces, possibly under the influence of political figures associated with the TMC, attempted to disable the electricity at the residences of certain judges with the intent to harm them physically under the cover of darkness. 

Thankfully, the planned assault was thwarted due to the vigilance of local security personnel, who alerted the judges in time. Disturbingly, when the judges sought help from the nearby police station, no officers responded, further fueling suspicions of deliberate neglect or collusion.

This incident reflects a broader concern over the misuse of the POCSO Act by state authorities. While the law is intended to protect children from sexual exploitation and abuse, there have been growing claims that it has become a political weapon in West Bengal.

Earlier, the police were reportedly filing Narcotic Drugs and Psychotropic Substances (NDPS) charges against opposition leaders — a practice that diminished after the Calcutta High Court mandated video evidence to support such accusations. Now, it appears that POCSO is being employed in a similar manner, with opposition figures and protesters being accused under this stringent law.

Misuse of POCSO as a political tool

The POCSO Act, passed in 2012, is a landmark law aimed at preventing sexual abuse of children and punishing the offenders with stringent penalties, including life imprisonment or even death in severe cases. However, there have been instances across India where the law has been misused for personal vendettas or political gains.

In West Bengal, it seems that the state police have adopted this approach to target political opponents and dissenters. The recent protests surrounding the RG Kar Medical College & Hospital case, where protesters demanding justice were reportedly slapped with POCSO charges, highlight this troubling trend.

The targeting of opposition party workers under POCSO came after the police failed to secure custody of these individuals. Judge Mitra’s letter points to political pressure behind these actions, with local TMC leaders allegedly directing the police to file such cases. This weaponization of a law designed to protect children not only undermines the judicial system but also poses a threat to the civil liberties of individuals caught in the political crossfire.

Judiciary under attack

What makes these allegations particularly alarming is the targeting of the judiciary itself. In a democratic system, the independence of the judiciary is paramount to ensuring justice and accountability. Attempts to intimidate or physically harm judges represent an unprecedented escalation of tensions between the state and the judiciary. This incident reflects a deteriorating law-and-order situation in West Bengal, where even court officers are no longer safe from political influence and violence.

According to sources, the lack of police response when the judges called for help further implicates local law enforcement in the broader scheme of intimidation. If true, this would indicate a serious breakdown in the rule of law, where the police — rather than serving the public interest — are being used to further political agendas.

Broader context: NDPS charges and judicial reforms

This is not the first time West Bengal's law enforcement practices have come under scrutiny. Previously, the state police were criticized for their frequent use of the NDPS Act against opposition leaders. The NDPS Act, which carries severe penalties for drug-related offenses, was being misused to ensure prolonged imprisonment of political opponents.

It was only after the Calcutta High Court intervened, requiring video evidence for all NDPS-related arrests, that the misuse of this law was curbed. Now, with POCSO being wielded as the latest political tool, it is evident that systemic reforms are needed to protect the judiciary and prevent the misuse of such laws.

Call for judicial and political accountability

The letter from Judge Mitra calls for immediate intervention from the Supreme Court of India, the Calcutta High Court, and the Bar Council of India to address these issues. The judiciary must take strong measures to restore the confidence of judges and ensure their safety. Any attempts to influence judicial decisions through violence or intimidation must be met with strict legal action, and those responsible, regardless of their political affiliations, should be held accountable.

Furthermore, this incident highlights the need for comprehensive judicial reforms to safeguard against the misuse of laws like POCSO. While these laws are essential for protecting vulnerable populations, their application must be monitored to prevent exploitation for political purposes. The independence of the judiciary is a cornerstone of democracy, and any attempts to undermine it should be treated with the utmost seriousness.

The allegations against West Bengal Police, as outlined by Judge Mitra, reveal a disturbing pattern of political interference in the state's law enforcement and judicial processes. The misuse of the POCSO Act to target opposition leaders and protestors not only undermines the law's original purpose but also erodes public trust in the legal system. It is imperative that higher judicial bodies step in to ensure that those responsible for these abuses are held accountable, and that the independence of the judiciary is preserved in the face of growing political pressures.