Punishing an adolescent boy who’s in a relationship with an underage woman; no goal of the POCSO legislation: Madras HC
On January 27, the Madres Supreme Court ruled that “punishing a teenage boy who entered into a relationship with an underage girl by treating him as a perpetrator was never the goal of the POCSO Act”.
The jaw-dropping remarks were made while the court highlighted the widespread use of the POSCO law by the families of underage girls involved in the prosecution of their daughters’ partners.
Judge N. Anand Venkatesh added that lawmakers must keep pace with changing societal needs and bring about necessary legislative changes, particularly in a tough law like the POCSO Act.
The current case, in which the 20-year-old is accused of having a sexual relationship with a minor, mentioned the judge in a consensual relationship
“Incidents of this type still happen regularly in villages and towns and occasionally in towns and cities. After the parents or family file a complaint, the police register FIRs for kidnapping and various crimes under the POCSO law. Several criminal cases booked under the POCSO Act all fall under this category. As a result of the registration of such an FIR, the boy is invariably arrested, and after that his youthful life comes to a standstill. “
In this context, the bank also recalled the Sabari v. Inspector of Police case, 2019 (3) MLJ Crl 110, in which a single judge of the High Court held that persons in the age group 16 to 18 are in love relationships and how it is in in some cases ultimately leads to criminal proceedings booked for a crime under the POSCO Act.
The bank noted, “As the scholarly single judge of this court rightly recognized in Sabari’s case (see above), cases of juveniles and young adults being victims of crimes under the POCSO Act are beaten against them without the effects of the Understanding the gravity of the law The decree is a matter of great concern to the conscience of this Court.
A reading of the explanation of the Subjects and Reasons of the POCSO Law would reveal that the law came into force to protect children under Article 15 of the Constitution of India, 1950 and the Sexual Assault, Sexual Harassment and Pornography Act Convention on the Rights of the child.”