Prayagraj (Uttar Pradesh): The Allahabad High Court has granted bail to an accused under the Protection of Children from Sexual Offences (Pocso) Act, saying that it was not intended for cases of "dense romantic affair" between teenagers.
The high court also observed that parents who "miserably failed to inculcate the values of life, the family traditions, their focus towards the life and their priorities" are to be blamed for their complete inaction and their responsibilities qua their children, and "lodging the F.I.R. would not be going to absolve them from their failure as parent". The applicant, Atul Mishra, had run away with a 14 year old girl, married her in a temple and they lived with each other for almost two years during which the girl gave birth to a baby.
Allowing Mishra's bail application, Justice Rahul Chaturvedi observed, Growing incidents where teenagers and young adults fall victim of the offences under the POCSO Act, being slapped by the penal provisions of POCSO Act without understanding the far reaching implication of the severity of the enactment, is an issue that brings much concern to the conscience of this court. In its order of January 25, uploaded recently, the court further said, A reading of the statement of objects and reasons of POCSO Act would show that (it is) to protect the child from the offences of sexual abuse, sexual assault and harassment, pornography, pursuant to the Article-15 of the Constitution of India, 1950 and the conservation on the rights of the children.
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"However, a large array of the cases filed under the POCSO Act seem to be those arising on the basis of the complaints/FIRs lodged by the families of adolescents and teenagers who are involved in romantic relationship with each other. It added: "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."
Granting bail to the applicant, the court in its order said, No doubt consent of minor girl has got no value in the eyes of law, but in the present scenario where the girl has given birth to a baby from the applicant and in her statement before the court, she has declined to go with her parent and from last four to five months residing at Rajkiya Balgrih (Balika) Khuldabad, Prayagraj in most inhuman condition with her infant baby, this by itself is pathetic and would amount to adding to her miseries.
It added: "Assessing the totality of the circumstances, the childhood domestic training of the adolescent teenagers should be blamed and targeted, where their parent have miserably failed to inculcate the values of life, the family traditions, their focus towards the life and their priorities. It is the parent to be blamed for their complete inaction and their responsibilities qua their children.
"Lodging the F.I.R. would not be going to absolve them from their failure as parent. But all said and done, if these teens decided to enter into nuptial knot and now they have baby out of this relationship, certainly rigors of POCSO Act would not come in their way. The girl is not sexually abused or no sexual assault was made upon her, nor she has been sexually harassed by the applicant, as contemplated by the object of POCSO Act."
PTI
