The Uttarakhand High Court has questioned the fairness of arresting only minor boys in cases relating to teenage dating. In fact, the court has suggested counselling in such cases. The High Court has asked the state government to examine whether arrests can be avoided in cases related to minor boys and girls going on a date and the girl’s parents filing a complaint over it.
A division bench of the high court comprising Chief Justice Ritu Bahari and Justice Rakesh Thapliyal was hearing a Public Interest Litigation (PIL) filed by advocate Manisha Bhandari.
The bench asked the government to look into whether recording a statement under Section 161 of the CrPC would be sufficient to not arrest the boy.
The petitioner in his plea highlighted 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.
The plea further questioned the justification of arresting a minor boy for going on a date with a minor girl in case a complaint was lodged by the girl’s parent as it did not constitute an offence under sections 3,4,5,6 and 7 of the Protection of Children from Sexual Offences (POCSO) Act
”…At the most, he can be called for giving him advice not to indulge in these things, but should not be arrested,” the court said.
The state can examine the matter and issue general directions to the police department, it said.
The matter will be heard again on August 6.
(With inputs from PTI)
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