POCSO Act Not Intended For ‘Dense Romantic Affair’ Cases: Allahabad HC Grants Bail To Accused

“Lodging the F.I.R. would not be going to absolve them from their failure as parent,” the High Court said.

Allahabad High Court (File Image: PTI)

Allahabad: Granting bail to an accused under the Protection of Children from Sexual Offences (POCSO) Act, the Allahabad High Court has said that it was not intended for cases of “dense romantic affair” between teenagers.

The High Court observed that parents, who “miserably failed to inculcate the values of life, the family traditions, their focus towards the life and their priorities” are to be blamed for their complete inaction and their responsibilities qua their children, PTI reported.

“Lodging the F.I.R. would not be going to absolve them from their failure as parent,” the High Court said.

Atul Mishra, the applicant, had run away with a 14-year-old girl, married her in a temple and they lived with each other for almost two years during which she gave birth to a baby.

Growing incidents where the teenagers and young adults fall victim of the offences under the POCSO Act, being slapped by the penal provisions of POCSO Act without understanding the far-reaching implication of the severity of the enactment, is an issue that brings much concern to the conscience of this court, Justice Rahul Chaturvedi of the Allahabad High Court observed allowing the bail application.

A reading of the statement of objects and reasons of POCSO Act would show that (it is) to protect the child from the offences of sexual abuse, sexual assault and harassment, pornography, pursuant to the Article-15 of the Constitution of India, 1950 and the conservation on the rights of the children, the High Court said in its January 25 order uploaded recently.

“However, a large array of the cases filed under the POCSO Act seem to be those arising on the basis of the complaints/FIRs lodged by the families of adolescents and teenagers who are involved in romantic relationship with each other,” the High Court said.

“The scheme of the Act clearly shows that it did not intend to bring within its scope or limits, the cases of the nature where the adolescents or teenagers involved in the dense romantic affair,” the High Court added.

The High Court granted bail to the applicant and said that no doubt consent of minor girl has got no value in the eyes of law, but in the present scenario where the girl has given birth to a baby from the applicant and in her statement before the court, she has declined to go with her parent and from last four to five months residing at Rajkiya Balgrih (Balika) Khuldabad, Prayagraj in most inhuman condition with her infant baby, this by itself is pathetic and would amount to adding to her miseries .

“Assessing the totality of the circumstances, the childhood domestic training of the adolescent teenagers should be blamed and targeted, where their parent have miserably failed to inculcate the values of life, the family traditions, their focus towards the life and their priorities,” the High Court said.

“It is the parent to be blamed for their complete inaction and their responsibilities qua their children,” the High Court added.