‘Why only boys should be arrested’ – Uttarakhand HC highlights ‘unfair’ practices in teen dating cases

Pointing out discriminatory practices in the context of teenage dating, the Uttarakhand High Court questioned the fairness of arresting only minor boys in such cases. Instead, the court suggested counselling.

A division bench comprising Chief Justice Ritu Bahri and Justice Rakesh Thapliyal was hearing a Public Interest Litigation (PIL) filed by advocate Manisha Bhandari. In the PIL, the petitioner has highlighted the gender disparity in such cases, arguing that while girls are often seen as victims even in consensual relationships, teenage boys are seen as perpetrators.

During the hearing, the court observed that such cases require a practical approach instead of arresting minor boys. It also asked the state and central governments to explain why only minor boys were arrested in such cases.

“The State may examine the issue whether recording of statement under Section 161 of CrPC (examination of witnesses by police) would be sufficient to not arrest the boy who went on a date with the girl,” the court said. “At most, he can be summoned for advising him not to indulge in such things, but he should not be arrested. The State may examine the issue and issue general directions to the police department.”

Significantly, CrPC has now been replaced by Bharatiya Nagarik Suraksha Sanhita.

Bhandari, who filed the PIL, quoted the Chief Justice as saying that she had found 20 such boys in Haldwani jail during a recent visit.

“My main prayer was that the Protection of Children from Sexual Offences (POCSO) Act should be enacted to protect children and not put them behind bars,” Bhandari said. Indian Express“My point was that if there was a mistake, minors should not be treated differently because of their gender. There is no law that says a victim means a woman. A victim is a victim.”

The hearing will be held on August 6.

First message: Jul 05, 2024 at 16:27 IST