– teenagers in consensual relationships
– Allahabad High Court ruling against misuse.
Accident – Death – Obituary News : The Allahabad High Court has raised concerns about the misuse of the Protection of Children from Sexual Offences Act in cases involving teenagers in consensual romantic relationships. In a recent hearing reported by Bar and Bench, Justice Krishan Pahal granted bail to a man named Satish who was accused of “enticing away” a minor girl. It was revealed in court that the 18-year-old girl had willingly entered into a relationship with Satish and had eloped with him to get married in Surat, Gujarat, while she was pregnant.
Satish’s lawyer argued that his client had been falsely implicated in the case, as the girl had stated to the police that the relationship was consensual. The court emphasised the need for a nuanced approach in such cases, highlighting the importance of distinguishing between genuine cases of exploitation and consensual relationships.
The judgement issued by the court included recommendations for handling cases under the Protection of Children from Sexual Offences Act. It stressed the need to evaluate each case based on its unique circumstances, considering factors such as the nature of the relationship and the intentions of both parties. The statement of the alleged victim should be given due consideration, especially in cases where the relationship is consensual and based on mutual affection.
The court warned against ignoring the consensual nature of relationships, as this could lead to unjust outcomes such as wrongful imprisonment. It emphasised the importance of balancing the protection of minors with recognising their autonomy, particularly in cases involving teenagers. Age was highlighted as a crucial factor in determining the appropriate legal response.
As part of the bail conditions, Satish was required to take care of the victim and their child. The court’s decision reflects a growing awareness of the complexities involved in cases under the Protection of Children from Sexual Offences Act, emphasising the need for a careful and thoughtful approach to ensure justice is served appropriately.
For more information on this topic, you can read the article “Why the protection of teenagers needs to be balanced with respecting their sexual autonomy” on Scroll.in..
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