Amend Pocso Act: HC
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The Protection of Children from Sexual Offences (Pocso) Act of 2012 isn’t meant to convey inside its ambit the romantic relationships between adolescents or youngsters. Yet, many kids are getting prosecuted underneath the legislation. It is excessive time that the Act is amended appropriately, the Madras High Court has mentioned.
Justice N. Anand Venkatesh mentioned a number of circumstances booked underneath the stringent Pocso Act fell underneath the class of elopement of youngsters. However, as a consequence of police complaints lodged by members of the family of the ladies, the boys get arrested invariably and thereafter their youthful life involves a grinding halt.
“An adolescent boy caught in a situation like this will surely have no defence if the criminal case is taken to its logical end. Punishing an adolescent boy who enters into a relationship with a minor girl by treating him as an offender was never the objective of the Pocso Act,” the choose mentioned. He hoped that the legislature would be aware of the scenario.
Quoting from American professor Jeffrey Arnett’s guide Adolescence and Emerging Childhood, the choose mentioned adolescence was related to many psychosocial and developmental challenges together with the processing of intense feelings and first loves. It was additionally important to acknowledge the huge publicity to digital content material which influences the youth.
Justice Venkatesh, nevertheless, clarified that he was neither turning a blind eye to circumstances the place the sufferer would possibly, underneath the impact of trauma, persuade herself that a component of consent was current nor scientifically justifying the accused in each case. “That will depend on the facts and circumstances of each and every case,” he mentioned.
In the current case earlier than him, the choose identified that the sufferer lady herself had filed a memo stating that it was she who compelled the accused, in his early twenties, to elope together with her in 2018 although he was not inclined to take action.
Now, her mother and father too weren’t considering going forward for the reason that case was a stumbling block in getting her married. After analyzing the authorized chance of quashing a case booked underneath non-compoundable offences, the choose held that it might be executed for the reason that offences have been purely particular person/private in nature.
“It involves the future of two young persons who are still in their early twenties… Quashing the proceedings will not affect any overriding public interest,” the choose mentioned.
