In a recent judgment in the case of Mrigraj Gautam v State, the Allahabad High Court emphasized that the Protection of Children from Sexual Offences Act (POCSO Act) was not designed to treat consensual romantic relationships between teenagers as criminal offenses. Justice Krishan Pahal underscored that while the Act is intended to protect children from sexual exploitation, it is currently being misused to exploit children.
The court’s order, dated October 26, articulated this perspective, stating, “POCSO was formulated to protect children under the age of 18 years from sexual exploitation. Nowadays more often than not, it has become a tool for their exploitation. The Act was never meant to criminalize consensual romantic relationships between adolescents.”
The Court further highlighted the importance of considering the consensual nature of the relationship when bail petitions in POCSO cases are presented. The court’s order contended, “The fact of a consensual relationship borne out of love should be of consideration while granting bail because it would amount to perversity of justice if the statement of the victim was ignored and the accused was left to suffer behind bars.”
This observation was made in the context of granting bail to a man accused of kidnapping and enticing a girl, who was reportedly 15 years old according to her school certificates.
The accused’s counsel argued that he was falsely implicated in the case and emphasized the absence of an ossification test to definitively establish the girl’s age. The lawyer also pointed out that the girl’s physical appearance suggested she was older than 15 years.
Taking into account the accused’s lack of prior criminal records, his detention since May 2023, the nature of the offense, the evidence on record, and the victim’s statement, the Court decided to grant bail to the accused.
Advocate Dharm Singh Parmar represented the accused-applicant in this case.
It’s noteworthy that several High Courts have previously expressed the need to prevent the misuse of the POCSO Act in criminalizing consensual romantic relationships between adolescents. The Madras High Court, in 2021, quashed a POCSO case against a man in his twenties who had eloped with a teenage girl and consummated their relationship. Additionally, in February of the previous year, the Allahabad High Court opined that the POCSO Act doesn’t apply to cases involving adolescents or teenagers engaged in a “romantic affair,” while granting bail to a man who married a 14-year-old minor girl. More recently, the Calcutta High Court called for the decriminalization of consensual sexual acts involving adolescents above 16 years, highlighting the need to strike a balance between child protection and the criminalization of adolescents.
