'Why only boys should be arrested' - Uttarakhand High Court highlights 'unfair' practices in teenage dating cases

Criticising discriminatory practices in teenage dating, the Uttarakhand High Court has questioned the fairness of arresting minors only in such cases. The court has suggested therapy instead.

A bench of the court comprising Chief Justice Ritu Bahri and Justice Rakesh Thapliyal heard a public interest litigation (PIL) filed by advocate Manisha Bhandari. In the PIL, the petitioner highlighted the gender disparity in such cases, saying that while girls are often seen as victims, even in consensual relationships, teenage boys are seen as perpetrators of violence.

During the hearing, the court observed that such cases require a practical approach rather than arresting juveniles. It also asked the central and state governments to clarify the reasons for arresting only juveniles in such cases.

“The State may consider the question whether recording the statement under Section 161 of the Code of Criminal Procedure (examination of witnesses by police) would be sufficient to not arrest the boy, who went out with the girl,” the court said. “At best, he may be summoned for advising her not to indulge in such activities, but he should not be arrested. The State may consider this question and issue general directions to the police department.”

It is significant that the CrPC has now been replaced by the Bharatiya Nagarik Suraksha Sanhita.

Festive offer

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 basic prayer was that the Protection of Children from Sexual Offences (POCSO) Act should be designed for the protection of children and not to put them behind bars,” Bhandari said. The Indian Express“I focused on the fact that if there is a mistake, minors should not be treated differently because of their gender. There is no law that says a victim is a woman. A victim is a victim.”

The case will now be heard on August 6.

First posted on: 05-07-2024 at 16:27 IST