Allahabad HC on Saturday 19th February said that the scheme of the Protection of Children from Sexual Offences Act (POCSO) did not intend to bring within its scope, cases where adolescents or teenagers are involved "in dense romantic affair",
The judgment was delivered in the case of Atul Mishra v. State of Uttar Pradesh. Single-judge Justice Rahul Chaturvedi observed while granting bail to a man who married a 14-year-old minor girl. Atul Mishra had eloped with a 14-year-old girl and gotten married at a temple. The minor girl later gave birth to a baby.
The court said that 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. In the present case, the Court said that it would be extremely harsh and inhuman to devoid the baby from parental love and affection on account of the fact that both the accused and minor victim loved each other and decided to get married.
With regard to the enactment of the POCSO Act, the High Court said that it was to effectively address the heinous crime of sexual abuse and sexual exploitation of children.
In this regard, the court remarked that the object of the Act must have some genuine and inherent exceptions too and it is imperative for the Court of law to draw a thin line that demarcates the nature of acts that should not be made to fall within the scope of this enactment.
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