‘Frame rules, not fathers’: Madras High Court flags ‘alarming trend’ of helpline misuse for filing false POCSO cases

Justice K K Ramakrishnan said that the object of the 1098 Child Helpline mechanism is to protect children in distress and to provide immediate assistance, care and counselling.

Sexual assault allegations against father

The petitioner, who is the father of the girl, was accused of committing offences under Section 7, read with Section 8 (sexual assault against child) of the Protection of Children from Sexual Offences (POCSO) Act, 2012.

According to the prosecution, he was arrested on April 16, 2026, for allegedly sexually harassing his daughter and was subsequently remanded in the district jail, Virudhunagar.

‘Alarming trend’

• An alarming trend is seen where, in certain cases, officials of the Child Welfare Committee, shelter homes, or even police personnel insist and induce children to make allegations of sexual abuse against their fathers, the Madras High Court said.
• The court noted that in several instances, the children appear to have approached the authorities only to vent regarding grievances arising out of domestic discord between their parents.
• Instead of addressing the family dispute, the welfare system compels children to make accusations of sexual misconduct against their own family members. Such practices traumatise children and undermine the competency of child protection laws, the Madras High Court pointed out.

‘Dialled 1098 to defuse fight between parents’

The minor girl had categorically mentioned in her statement that there were frequent quarrels between her parents because of her excessive use of the cell phone, the Madras High Court found.

It noted that she had contacted the 1098 helpline in a bid to reduce the fight between her parents, but thereafter,the official on the other side of the call allegedly insisted that she file a complaint against her father for subjecting her to “bad touch”.

The minor stated that she made the allegations against her father only at the instigation of the said officer, the Madras High Court observed.

‘Confinement in shelter home’

The girl alleged that she was confined in a shelter home for five days, where she was intimidated by the officials of the Child Welfare Committee, to file a complaint against her father or else action would be taken against her.

The aforesaid statement disclosed that the girl was subjected to pressure and coercion to make allegations against her father.

Objectives of 1098 child helpline

• The 1098 child helpline mechanism is meant to protect children in distress and to provide immediate assistance, care and counselling, the court said.
• It cannot be permitted to be misused in a manner causing further mental trauma and dishonour to children by compelling them to make false allegations.
• Such false allegations carry devastating consequences, resulting in reputational damage, severe psychological trauma and legal entanglements.

Contentions

Denying her client’s involvement in the alleged crime, advocate K Asha, appearing for the petitioner, submitted that he constantly reprimanded his daughter for using a mobile phone. The petitioner and his wife used to quarrel frequently over the same.

It was contended that the girl contacted 1098 over this issue but filed a false complaint against the fatherat the insistence of the CWC official.

Opposing the petitioner’s arguments, Additional Public Prosecutor S Ravi, for the state, submitted that the girl’s statement was recorded under Section 164 of the Criminal Procedure Code (CrPC), and the same was produced before the Madras High Court.

Court’s directions to authorities

The Madras High Court directed the state to frame suitable guidelines for the authorities dealing with children, including 1098 officials, CWCs and police personnel to ensure fair and transparent recording of children’s statements.

The court emphasised that the statements must be recorded without inducing, tutoring or coercing the children to make allegations against any person, including family members.

The police were directed to conduct an enquiry against the CWC official who attended the girl’s call, and the district collector of Virudhunagar was directed to pay a compensation of Rs 1 lakh to the girl for the trauma caused by compelling her to make such allegations against her father.