Allahabad HC highlights misuse of POCSO Act in teen consensual relationships
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The Allahabad High Court has raised concerns about the misuse of the Protection of Children from Sexual Offences (POCSO) Act in cases involving consensual romantic relationships between teenagers.
Justice Krishan Pahal made these observations while granting bail to Satish, who was accused of enticing away a minor girl in a case that has sparked significant discussion.
Satish's lawyer argued that the case was one of false implication, as the 18-year-old girl had stated to the police that she was in a consensual relationship with him. The couple had eloped from Deoria, Uttar Pradesh, to Surat, Gujarat, where they intended to marry, and the girl was pregnant at the time. Satish was subsequently arrested on January 5.
In his ruling, Justice Pahal emphasized the need for a nuanced and careful judicial approach to such cases to ensure justice is appropriately served. He pointed out the importance of distinguishing between genuine cases of exploitation and those involving consensual relationships.
"This court has repeatedly expressed concern regarding the application of the POCSO Act on adolescents," Justice Pahal stated. He noted that while the Act aims to protect children under 18 from sexual exploitation, it is sometimes misused in cases of consensual relationships between teenagers.
The court stressed that each case should be evaluated on its own merits, considering the nature of the relationship and the intentions of both parties. "The statement of the alleged victim should be given due consideration," the judgement stated. "If the relationship is consensual and based on mutual affection, this should influence decisions regarding bail and prosecution."
Justice Pahal warned that ignoring the consensual nature of a relationship could lead to unjust outcomes, such as wrongful imprisonment. "The judicial system should aim to balance the protection of minors with the recognition of their autonomy in certain contexts," he said, highlighting the importance of considering age as a significant factor.
The court granted bail to Satish on the condition that he would take care of the victim and their child.