‘Why are only boys considered as aggressors?’: Uttarakhand High Court highlights ‘unfair’ practices in teenage love affairs cases

The Uttarakhand High Court has questioned the fairness of arresting minors only in cases of teenage love affairs. In fact, the court suggested resorting to therapy in such cases. The high court has asked the state government to examine whether arrests can be avoided in cases involving minor boys and girls dating each other and the girl’s parents file a complaint in this regard.

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 court asked the government to consider whether recording a statement under Section 161 of the CrPC would be sufficient to avoid arresting the boy.

In his plea, the petitioner highlighted the gender disparity in such cases, saying that while girls are often seen as victims, even in consensual relationships, adolescents are seen as perpetrators.

The plea also questioned the justification for arresting a minor boy for having a date with a minor girl in case a complaint was filed by the girl’s parent as it did not amount to an offence under sections 3, 4, 5, 6 and 7 of the Protection of Children from Sexual Offences (POCSO) Act.

“…At most he can be called for advising him not to engage in these things, but he should not be arrested,” the court said.

The state can look into the matter and give general guidelines to the police department, he said.

The case will be heard again on August 6.

(With contributions from PTI)