Allahabad High Court Raises Concerns Over Misuse of POCSO Act in Teen Relationships
The Protection of Children from Sexual Offences (POCSO) Act is being misused in cases involving teens in consenting romantic relationships, the Allahabad High Court has expressed worries about this in a significant development. Judge Krishan Pahal noted these things when he granted bail in the Satish Alias Chand v. State of UP and 3 Others case.
This court has occasionally voiced concerns about how the POCSO Act is being applied to teenagers. The Court noted that although the Act's main goal is to shield minors (18 years old and under) from sexual exploitation, there are instances in which it has been abused, especially in mutually consenting romantic relationships between teenagers
When giving bail to the accused, Satish alias Chand, who was detained on January 5 for allegedly "enticing away" the informant's young daughter in June 2023, the following remarks were noted. Satish's attorney contended that the victim was eighteen years old and had given her consent.
The victim's age was verified by an ossification test to be eighteen, the court noted. The ossification test is used to determine the victim's age. The test showed the victim was 18 years old, thus technically not a minor under the Act. Out of dread for their parents, the accused and the victim, who was six months pregnant at the time, had eloped and gotten married. The accused stated that he would be willing to live with his wife and raise their child.
The State did not provide any unusual grounds for the Court to refuse bail. It stated: "Securing the accused's attendance at the trial is the goal of bail, as established by established legal principle. There have not been any convincing indications of the petitioner evading justice or undermining the administration of justice.
The accused was granted bail and instructed by the court to place ₹2,00,000 in a fixed deposit for the infant till the child reaches the age of majority. Bail was allowed on the understanding that the accused would look after the victim and their kid.
Advocate Manvendra Kumar represented the accused, while Advocate Pranshu Kumar represented the State.
India passed a comprehensive law in 2012 called the Protection of Children from Sexual offences (POCSO) Act, which aims to shield minors from a variety of sexual offences. In an effort to give children a strong legal foundation for protection, the Act was created in response to the rising number of cases of child sexual abuse.
It is an essential legal tool for shielding kids from sexual offences is the POCSO Act. But the Allahabad High Court pointed out that in situations when teens are in consensual relationships, its implementation must be carefully balanced to prevent unfair outcomes
Ossification Test:
An X-ray of a few bones is taken as part of the test to calculate age based on the "degree of fusion of bone." According to the High Court, it assesses the process of bone growth based on joint fusion from birth to, typically, age 25 to 30.
