POSCO Act Not Intended To Punish Teenagers In Romantic Relationships: Madras High Court

OVERVIEW

• The Madras High Court declared that the Protection of Children from Sexual Offences (POCSO) Act does not intend to include cases regarding adolescent teenagers in romantic relationships within its scope.

• The above was declared highlighting the rampant misinterpretation and misuse of POCSO Act by families for prosecuting the partner of their teenage children.The single-judge bench consisting Justice N. Anand Venkatesh insisted that the legislature keep pace with the changing times and societal needs and implement the required amendments in law, particularly in a stringent law as the POCSO Act.

• The case at hand, Vijayalakshmi &Anr. v. State &Anr., involved charges against a 20-year-old boy under POCSO Act and Prohibition of Child Marriage Act, 2006.

VERDICT BY THE HIGH COURT

• Noting that the victim girl claimed to be in a consensual relationship with the accused, the bench observed that as a consequence of such FIRs lodged by the family members of the girls, the boys get arrested invariably and their 'youthful life comes to a grinding halt.'

• The judge, however, clarified that they were not turning a blind eye towards the cases where the victim has been manipulated into consenting under trauma, thus justifying the accused in every case. He stated that such cases will be duly inspected depending on the facts and circumstances.

• The Court also emphasised on the significance of adolescence in terms of formation of self-identity:

"It is only relatively recently that neurobiologists have started to probe into the neural basis of one of the most powerful and exhilarating states known to humans, namely love…It is now well evidenced that adolescent romance is an important developmental marker for adolescents' self-identity, functioning and capacity for intimacy."

• The bench insisted that 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.

• In this context, the bench also recalled another single-judge in the Madras High Court had made similar observations in the case of Sabari v. Inspector of Police, wherein the court discussed that persons of ages 16-18 are, in fact, involved in love affairs, and how some cases ultimately end up in a criminal case being booked under POCSO.

• The order passed in the referred case also recommended that the definition of 'child' under sec. 2(d) of the POCSO Act be redefined as 16 instead of 18.

• In the present case, the victim herself filed a memo stating that the accused submitted into eloping with the victim girl upon her insistence. Her parents were also not keen on pressing criminal charges against the accused since the case was creating a hindrance in the girl having a peaceful and well-settled life.

CONCLUSION

• In this backdrop, the Court quashed the case under non-compoundable offences, with the opinion that the matter was purely individual and personal 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 judge observed.

WHAT IS YOUR TAKE ON THE ORDER PASSED BY THE BENCH? LET US KNOW IN THE COMMENT SECTION!

Click here to view / download the original copy of the judgment