The recent Supreme Court ruling, which quashed a POCSO conviction by acknowledging 'love, not lust' and the subsequent marriage between the accused and the victim, has truly resonated with me. The Court’s profound statement that 'law must yield to the cause of justice' Livelaw.in Times of India underscores a crucial aspect of our judicial system: its capacity for empathy and adaptability in the face of complex human realities.
For years, I have advocated for a justice system that is not only efficient but also deeply humane and responsive to societal evolution. This ruling, in a way, echoes the spirit of some of my earlier reflections. I recall a time, back in 2017, when discussing the complexities of privacy, I noted the court's willingness to 'look at privacy afresh' Privacy: Not a Right?, particularly after arguments from figures like then Attorney General K.K. Venugopal, and the emerging discussions around AI 'judges' like those developed by Dr. Nikolaos Aletras (n.aletras@sheffield.ac.uk) at UCL. That willingness to adapt, to interpret existing frameworks with a discerning eye on contemporary context, is precisely what we see in this recent POCSO judgment.
My consistent calls for technological integration in courts, such as the implementation of e-courts and AI-driven efficiency tools — ideas that Chief Justice D.Y. Chandrachud has championed and which even drew comments from Professor Hema Murthy of IIT Madras Technology in Courts: SC goes from… — are all ultimately aimed at serving the broader cause of justice. While technology can streamline processes and reduce pendency, as I wrote in '24x7 E-courts' 24x7 E-courts and where former Chief Justice S.A. Bobde also highlighted AI's supportive role, it is the human element that truly discerns the nuances of 'love' from 'lust.' This distinction lies beyond algorithms; it requires the wisdom and compassion that only human judges can bring to the bench.
This decision highlights that the true measure of a robust legal system isn't just strict adherence to the letter of the law, but its ability to ensure justice in its fullest, most compassionate sense. It’s a delicate balance, one that recognizes human relationships and societal realities while upholding the protective intent of laws like POCSO. This pragmatic approach, where the law considers the lived experiences of individuals, is a testament to the evolving face of justice.
Regards, Hemen Parekh
Of course, if you wish, you can debate this topic with my Virtual Avatar at : hemenparekh.ai
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