By Kawanpreet Kaur 

The Uttarakhand High Court asked the State Government to explore the possibility of counselling adolescent boys who date minor girls instead of arresting them under the POCSO Act.  A Public Interest Litigation (PIL) plea was filed in the High Court seeking directives to prevent the arrest of adolescent boys involved in consensual romantic relationships, under the POCSO Act. The PIL highlighted the issue of legal action against boys on complaints lodged by the girl’s parents where the couples are aged between 16 and 18 years. The Court observed that if the girl’s parents file a complaint, the boy should not be arrested, as no offence under Sections 3, 4, 5, 6, and 7 of the POCSO Act is established. Despite no offence being committed by the couple, the male counterpart ends up behind bars and his entire future gets jeopardised. The Court directed that Government to examine whether recording the statement under section 161 of the CrPC would be sufficient to arrest the boy, who had gone on a date with the girl. The PIL also prayed for a direction to declare that consensual acts between two persons both below the age of 16 years, do not constitute an offence under the POCSO Act. Such persons shall not be made accused under the POCSO Act and shall not be arrested or detained, and instead shall be provided counselling. It further sought a direction that 16-18 year old minors be referred to the board for preliminary assessment in the nature of an assessment envisaged under Section 15 of the Juvenile Justice Act. The Board shall conduct a preliminary assessment with regard to the mental and physical capacity of the minor to give a valid consent and where such minor is found to be capable of giving valid consent to the said act, then such persons shall not be made accused under POCSO Act. The PIL also prayed that even in cases of consensual sexual acts, where one person is above 18 years and the other is between 16 to 18 years, the minor should undergo a preliminary assessment under Section 15 of the Juvenile Justice Act, where the Board shall conduct a preliminary assessment with regard to the mental and physical capacity of the minor to give a valid consent. The matter will be heard next on August 6. (Manisha Bhandari v. State of Uttarakhand- WPPIL No. 114 of 2024) 

Click here to read/download the order.