Why are minor boys alone arrested in POCSO cases, asks U'khand HC
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Dehradun: The Uttarakhand High Court questioned the practice of arresting only minor boys in cases of teenage dating, terming it as unfair and discriminatory. The court suggested counselling in such cases, The Indian Express (TIE) reported.
Hearing a public interest litigation (PIL), a division bench of Chief Justice Ritu Bahri and Justice Rakesh Thapliyal observed that such cases needed a practical approach instead of arresting boys.
The PIL was filed by advocate Manisha Bhandari, who highlighted the gender disparity in such cases. The PIL claimed that girls were often viewed as victims, even in consensual relationships, while minor boys as perpetrators.
The court demanded the Central and state governments to clarify why only minor boys were arrested in such cases.
The court said that the state could examine the issue of whether the recording of the statement under Section 161 of CrPC (examination of witnesses by police) would be sufficient not to arrest the boy, who has gone on a date with the girl.
According to the court, at the most, the boy can be called for giving him advice not to indulge in these things and should never be arrested. The state can examine the issue and issue general directions for the police department. However, the CrPC has now been replaced by the Bharatiya Nagarik Suraksha Sanhita.
Bhandari told TIE that Chief Justice Bahri said that she herself witnessed 20 such boys in the Haldwani jail during a recent visit. She said that her prayer was that the Protection of Children from Sexual Offences (POCSO) Act is made for the protection of children and not to put them behind bars. If there is a mistake, the minors shouldn’t be treated differently because of their gender since no law says that a victim means a female.
The court will hear further on the case on August 6.
