Home » Punishing teenagers in love not intention of Pocso, says Madras HC | India News

Punishing teenagers in love not intention of Pocso, says Madras HC | India News

by newsking24

CHENNAI: Punishing an adolescent boy who enters right into a relationship with a minor lady by treating him as an offender was by no means the target of the Protection of Children from Sexual Offences (Pocso) Act, noticed the Madras excessive courtroom. It additionally advisable to the legislature to swiftly convey vital amendments to the act.
The courtroom made the observations whereas quashing legal proceedings pending earlier than a Justice of the Peace courtroom in opposition to an auto driver who was booked underneath the Pocso Act for marrying a minor lady. The case was filed in 2018, when each the boy and the lady had been a couple of days wanting 18.
The lady’s household moved the HC to quash the legal proceedings, saying the household needed to get the lady married and that the legal proceedings prompted them psychological agony.
On her half, the lady additionally deposed earlier than the courtroom by means of video-conferencing and mentioned she was in a relationship with the boy.
The prosecution argued that the courtroom has to contemplate whether or not an offence of this nature may very well be quashed on the bottom of compromise between the events.
Justice N Anand Venkatesh, after perusing the submissions, famous that there could be no second thought as to the seriousness of offences underneath the Pocso Act and the article it seeks to realize. “However, it is imperative for the court to draw a thin line that demarcates the nature of acts that should not be made to fall within the scope of the act, for such is the severity of sentences provided under the act, if acted upon hastily, it could lead to irreparable damage to the livelihood of youth whose actions would have only been innocuous.” The decide mentioned the regulation meant to guard and render justice to victims of kid abuse can turn out to be a software within the arms of sure sections of the society.
The courtroom additionally identified that it’s essential to concentrate on the science and psychology of adolescence and younger maturity and cited varied research and to the definition by the UN, which categorises adolescence as 10-19 years of age and younger folks as 10-24 years within the Southeast Asia area.
“This court is not turning a blind eye to cases where victims or survivors may, under the effect of trauma, convince themselves that the element of consent was present nor is the court justifying the genuineness of the accused in every case where the accused and minor girl were in a relationship. That will depend on facts and circumstances of each and every case,” Justice Anand Venkatesh mentioned.

Source hyperlink

Related Articles

Leave a Reply

Select Language »
%d bloggers like this: