Prayagraj: The Allahabad High Court has granted bail to an accused under the Protection of Children from Sexual Offenses (POSCO) Act, saying that it was not intended for cases of "dense romantic affair" between teenagers. 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, "There are growing incidents where teenagers and young adults are being slapped by the penal provisions of the POSCO Act without understanding the far reaching implication of the severity of the enactment; this 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 POSCO Act would show that (it is) intended to protect the child from sexual abuse, sexual assault, harassment and pornography.
"However, a large array of the cases filed under the POSCO Act seem to be those stemming from 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 are involved in a 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 parents and from last four to five months is 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...It is the parent to be blamed for their complete inaction and their responsibilities qua their children.'”
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