New Delhi, March 25 – The Supreme Court has criticized the Haryana Police and Gurugram's Child Welfare Committee for their "shameful," "reckless," and "insensitive" handling of the case of a three-year-old girl's rape. The court has formed a special team of female IPS officers to conduct a thorough investigation.
The top court also directed the Gurugram district and sessions judge to assign the case to a special POCSO court presided over by a female judicial officer.
The Supreme Court criticized the investigation and the mishandling of the case, saying, "This is unacceptable! Is this how the state handles crime? The child has experienced more trauma than the crime itself."
A bench of Chief Justice Surya Kant and justices Joymalya Bagchi and Vipul M Pancholi said that the case highlights a disturbing pattern in which the police have made efforts to "protect the suspects" based on a report from the Child Welfare Committee (CWC), instead of visiting the child, they called her and her parents to the police station and the CWC for questioning, which was a clear violation of protocol.
The bench said that the way the police, from the Commissioner of Police to the Sub-Inspector, investigated the case shows a "concerted and unwarranted attempt" to discredit the victim's version and to portray the concerns raised by her parents as unfounded.
The bench said that to ensure a fair, impartial, and independent investigation, it has formed a Special Investigation Team (SIT) comprising ADGP Kala Ramachandran, SP Dr. Anshu Singla, and DyCP Jasleen Kaur.
The bench said, "The case came to light on February 2, 2026, and the trauma, suffering, and distress experienced by the child were further aggravated by the insensitive, reckless, and wholly irresponsible investigative methods adopted by the Gurugram police. The conduct and findings of the CWC, as reflected in its report dated February 5, 2026, have only compounded the victim's suffering."
The Supreme Court also criticized the proceedings before the judicial magistrate, before whom the minor victim was produced on February 6, and said he failed to ensure that the investigation proceeded on the correct legal basis, which is a serious offence under Section 6 of the Protection of Children from Sexual Offences Act (POCSO Act), which carries a sentence of 20 years or life imprisonment.
The bench said that despite the seriousness of the allegations and the available evidence, the police authorities have, for "wholly unjustified and extraneous reasons," attempted to minimize the offence by misclassifying it under Section 10 of the Act, which carries a sentence of five years, up to seven years imprisonment.
Justice Bagchi observed, "If this is the level of sensitivity shown to a three-year-old child, what do we expect from the rule of law? You say it's not a case of rape, but assault? We are highlighting the distress. The highest police officials made this decision to reduce the severity of the crime."
The bench further said that according to the affidavit filed by the authorities, the investigation on February 6 allegedly did not disclose any offence, but in the same affidavit, at a later stage, it says that, following a representation made by the victim's father, the facts were re-verified on March 12.
"This shifting and inconsistent stance raises serious concerns regarding the fairness and credibility of the investigation. In such circumstances, it is imperative that the incident be subjected to a thorough, impartial, and sensitive investigation, conducted with a humane approach that duly preserves the dignity of the minor victim and her parents," the bench said.
The bench directed that Gurugram CP and other police officials be disassociated from the case and a show cause notice be issued to them as to why disciplinary and criminal action be not taken against them.
The Supreme Court said it is constrained to express serious reservations regarding the academic and professional ability of the members of the CWC, as well as their expertise to render meaningful assistance to the probe agency, and directed the chairperson and its members to submit an explanation regarding their report of February 6.
It directed the principal secretary of the Haryana's Women and Child development department, to file an affidavit within one week with original records concerning the appointment of the Chairperson(s) and members of the CWCs throughout the state.
The bench said that Gurugram CWC members shall be issued show cause notices as to why they should not be ordered to be removed forthwith.
The three-year-old girl was allegedly sexually assaulted by two female domestic helps and their male accomplice for approximately two months at a society in Sector 54, police had said.
Following allegations made by the child's parents, an FIR was registered on February 4 under relevant sections of the BNS and the POCSO Act at the Sector 53 police station, they added.
According to the police, although the incident occurred between December 2025 and January 2026, the parents reported the matter to the police after the girl disclosed her ordeal to her mother.
