Allahabad HC Raises Concerns Over POCSO Act Misuse in Teen Relationships

The Allahabad High Court granted bail to a man accused of eloping and marrying a minor girl, raising concerns about the misuse of the POCSO Act in consensual teenage relationships. The court emphasized the necessity of distinguishing between genuine exploitation cases and consensual relationships, requiring careful judicial consideration.

The Allahabad High Court has granted bail to a man accused of eloping with and marrying a minor girl, raising concerns about the misuse of the Protection of Children from Sexual Offences (POCSO) Act in cases involving consensual teenage relationships.

Justice Krishan Pahal expressed that the challenge lies in distinguishing between genuine exploitation cases and those involving consensual relationships, emphasizing the need for a nuanced judicial approach to ensure appropriate justice.

The court noted that while the POCSO Act is designed to protect minors from sexual exploitation, it has sometimes been misapplied, particularly in cases of consensual teenage relationships. This call for careful judicial consideration was highlighted in the court's order dated July 3.

Granting bail to the accused, identified as Satish alias Chand, Justice Pahal pointed out that the victim was determined to be 18 years old as per an ossification test report, aligning with previous Supreme Court opinions. Satish had been incarcerated since January 5, following allegations of kidnapping, abduction, and rape, along with charges under the POCSO Act.

Satish's counsel argued that his client was falsely implicated and that the victim, who claimed to be 18 years old, was a consenting party. The defense stated that the couple, fearing their parents, eloped and married in a temple. Both individuals belonged to the same village and were neighbors.

(Disclaimer: With inputs from agencies.)