The Uttarakhand High Court has urged the state government to consider alternatives to arresting minor boys in cases where they are involved in dating minor girls and complaints are lodged by the girls’ parents. The inquiry was raised during a court session led by Chief Justice Ritu Bahari and Justice Rakesh Thapliyal.
The court’s directive emerged from discussions surrounding a public interest litigation (PIL) presented by advocate Manisha Bhandari. The PIL challenges the rationale behind the arrests of minor boys under such circumstances, arguing that these actions do not align with specific offences under the Protection of Children from Sexual Offences (POCSO) Act, specifically sections 3, 4, 5, 6, and 7.
During the proceedings, the high court suggested that recording a statement under Section 161 of the Criminal Procedure Code (CrPC) might be sufficient, proposing that “at the most, he can be called for giving him advice not to indulge in these things, but should not be arrested.”
Also Read
The court recommended that the state government review its policies and potentially issue general directives to the police department to avoid unnecessary criminalization of minors in dating scenarios. This move aims to strike a balance between protecting children and avoiding undue harshness in cases that do not constitute severe offences.
