Bail Granted to Dr. Sangeeta Datta—But What About the Victim’s Rights?

In a development that has reignited public debate on child protection protocols in India, the Gauhati High Court on Tuesday granted bail to Dr. Sangeeta Datta, nearly two and a half years after her arrest in a high-profile child abuse case.

Justice Anjan Moni Kalita of the Gauhati High Court bench approved her bail petition, bringing temporary relief in a case that has drawn widespread attention and concern.

Dr. Datta had been arrested on May 6, 2023, alongside her husband, Dr. Waliul Islam, on charges of physically and sexually abusing their four-year-old adopted daughter. While Dr. Islam secured bail earlier in October 2025, Dr. Datta remained in judicial custody until now.

The charges were filed under the Protection of Children from Sexual Offences (POCSO) Act, one of India’s strictest child safety laws. The case had sparked widespread outrage after reports emerged that the victim—a four-year-old adopted girl—was allegedly subjected to horrific abuse by her adoptive parents.

Child Rights Activist Raises Concerns

A few days back, reacting to the bail order, Miguel Das Queah, founder of UTSAH Child Rights Organisation and legally mandated support person for the victim child, expressed shock at the procedural lapses surrounding the hearing:

“We tried, but the Gauhati High Court did not grant me time to file an objection in Dr. Sangeeta Datta’s bail petition. It appears that the arguments for bail were based mainly on technicalities related to the arrest procedure, and not on the merits of the case. Sometimes, I wonder why I even chose this kind of work, where I have to disappoint children so many times.”

Earlier, on October 28, Queah alleged that the bail petitions for Dr. Islam was moved without informing him, violating established POCSO protocols, which require that a support person be kept informed throughout legal proceedings to ensure the safety and psychological protection of the child.

“Walliul Islam got a bail from the Gauhati High Court on Tuesday (October 28). And I, as a Support Person to the children, didn’t even have a clue that they were applying for a bail today, for me to even object. This system needs to change if children’s rights are to be given priority in reality. This is totally absurd,” Queah said.

He added that the bail petition was filed while he was traveling outside Guwahati during Chhath Puja, and that neither the police nor the complainant informed him about the hearing.

“Even the police has not informed me about the development. On Wednesday (October 29), I have a meeting with the DGP Assam Police and I will inform him about this as well. Even the advocate Akash Mandal, the first person who had filed the complaint in the case, has not informed me. He had supposedly received a summon notice earlier from the court for objecting to the bail petition, but he didn’t care about it much, which is also shocking to me,” Queah said.

He emphasized that a support person acts as a guardian for the victims:

“The POCSO court has repeatedly denied the bail petitions earlier for the doctor couple, but the Gauhati High Court has granted the bail. A support person is like a guardian of the victims, so at least the public prosecutor Bipul Bhagawati should have informed me. The system acted without informing us.”

Questions Over Child Protection System

It may be mentioned that the Gauhati High Court had granted bail to Dr. Waliul Islam against a bond of ₹50,000 with two sureties of the same amount. While legal proceedings continue, the case had sparked renewed questions about the system surrounding child protection, prosecution, and adherence to due legal process in sensitive POCSO cases.

Queah then warned that urgent reforms are needed:

“If children’s rights are to be truly prioritized, these procedural gaps must be urgently addressed. The safety and well-being of the child should always be the foremost consideration.”

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