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

Calling out discriminatory practices when it comes to teenage dating, the Uttarakhand High Court has questioned the fairness of arresting only minor boys in such cases. Instead, the court has suggested counseling.

A division bench of 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 highlights the gender disparity when it comes to such cases, claiming that while girls are often viewed as victims even in consensual relationships, teenage boys are seen as perpetrators.

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

“The state can examine the issue of whether a 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,” the court said. “At the most, he can be called for giving him advice not to indulge in these things, but he should not be arrested. The State may examine this issue and issue general directions to the police department.”

Significantly, the CrPC has now been replaced by the Bharatiya Nagarik Suraksha Sanhita.

Bhandari, who filed the PIL, quoted the chief justice as claiming that she had found 20 such boys in the Haldwani jail during a recent visit.

“My basic 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,” Bhandari told The Indian Express. “My focus was that if there is a mistake, the minorities shouldn’t be treated differently because of their gender. No law says that a victim means a female. “A victim is a victim.”

The case will now be heard on August 6.