Govt Jobs for Acquitted Individuals in Criminal Cases

• 18 Jan 2024

For Prelims: Indo-Tibetan Border Police (ITBP), Protection of Children from Sexual Offenses (POCSO) Act, 2012, Moral Turpitude, Indian Penal Code, 1860, Central Armed Police Forces (CAPF),

For Mains: Consideration of acquittals in cases involving moral turpitude and its impact on employment decisions.

Source: IE

Why in News?

Recently, The Punjab and Haryana High Court directed the Centre to reconsider the appointment of a person from Haryana as a constable in the Indo-Tibetan Border Police (ITBP), given his acquittal in 2019 case under the Protection of Children from Sexual Offenses (POCSO) Act, 2012.

• Order issued by the Ministry of Home Affairs (MHA) cancelled the person’s appointment on grounds of moral turpitude.

What is the Moral Turpitude?

• The term "moral turpitude," as noted by the Supreme Court in the case of P. Mohanasundaram vs. the President, 2013, lacks a specific definition.
• It encompasses actions contrary to justice, honesty, modesty, or good morals, suggesting a depraved and wicked character or disposition of the individual accused of such conduct.

What is the Concerning Case?

• The constable, appointed on compassionate grounds in 2022, faced the revocation of his appointment after revealing his acquittal in a 2018 criminal case under Section 4 of the POCSO Act, 2012, concerning penetrative sexual assault.
• In addition to this, he faced charges under several sections of the Indian Penal Code, 1860, including offences related to causing harm by poison, kidnapping, and criminal intimidation, among others.
• Despite being acquitted of all charges by a Kaithal Court (Haryana) in 2019, he faced the cancellation of his appointment.
  • This action was taken according to a policy issued by the Ministry of Home Affairs for appointments in the Central Armed Police Forces (CAPF), for individuals with criminal cases registered, under trial, or under inquiry.
  • Individuals faced serious charges or moral turpitude in a criminal case, even if acquitted later due to benefit of doubt or witness intimidation, are generally deemed unsuitable for appointment in the CAPF.

What Mandates has the Court Set for Appointing Individuals with Criminal Cases in Public Jobs?

• A three-judge bench of the Supreme Court in Avtar Singh vs. Union of India, 2016 dealt with the appointment of a candidate involved in a criminal case.
  • It ruled that information given to the employer about a candidate’s conviction, acquittal, arrest, or pendency of a criminal case must be true and without suppression or false information.
  • For conviction in cases that aren’t trivial, the employer may cancel the employee’s candidature or terminate his services.
• If an acquittal has occurred in a case involving moral turpitude or a serious offence on technical grounds, and it's not a clear acquittal or based on reasonable doubt, the employer can assess all pertinent information regarding the individual's background and make a suitable decision regarding the employee's continuation.
• Supreme Court in Satish Chandra Yadav vs. Union of India, 2023 case “acquittal in a criminal case would not automatically entitle a candidate for appointment to the post” and it would be still open to the employer to consider their antecedents and examine their suitability as a candidate.

What is the Protection of Children From Sexual Offences (POCSO) Act, 2012?

• About:
  • The POCSO Act came into effect on 14^th November 2012 which was enacted in consequence to India’s ratification of the UN Convention on the Rights of the Child in 1992.
  • The aim of this special law is to address offences of sexual exploitation and sexual abuse of children, which were either not specifically defined or adequately penalised.
  • The Act defines a child as any person below the age of 18 years. The Act provides punishment as per the gravity of the offence.
    • The Act was further reviewed and amended in 2019 to Introduce more stringent punishment including the death penalty for Committing sexual crimes on children, with a view to deter the perpetrators & prevent such crimes against children.
    • The Government of India has also notified the POCSO Rules, 2020.
• Features:
  • Gender-Neutral Nature:
    • The Act recognises that both girls and boys can be victims of sexual abuse and that such abuse is a crime regardless of the gender of the victim.
      • This is in line with the principle that all children have the right to protection from sexual abuse and exploitation and that laws should not discriminate based on gender.
  • Ease in Reporting Cases:
    • There is sufficient general awareness now to report cases of sexual exploitation of children not only by individuals but also by institutions as non-reporting has been made a specific offence under the POCSO Act. This has made it comparatively difficult to hide offences against children.

What is the Indo-Tibetan Border Police Force (ITBPF)?

• Indo-Tibetan Border Police Force (ITBPF) is a Central Armed Police Force functioning under the Ministry of Home Affairs, Government of India.
  • The ITBP was raised on 24^th October 1962 during the India-China War and is a border guarding police force specialising in high-altitude operations.
  • Presently, ITBP is deployed on border guarding duties from Karakoram Pass in Ladakh to Jachep La in Arunachal Pradesh covering 3488 km of the Indo-China Border.
  • The Force is also deployed for Anti-Naxal Operations and other internal security duties.