'Pocso Act not intended for cases of dense romantic affair'

Allahabad: The Allahabad High Court has granted bail to an accused under the Protection of Children from Sexual Offences (Pocso) Act, saying that it was not intended for cases of "dense romantic affair" between teenagers. The high court also observed that parents who "miserably failed to inculcate the values of life, the family traditions, their focus towards the life and their priorities" are to be blamed for their complete inaction and their responsibilities qua their children, and "lodging the F.I.R. would not be going to absolve them from their failure as parent".

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, Growing incidents where teenagers and young adults fall victim of the offences under the POCSO Act, being slapped by the penal provisions of POCSO Act without understanding the far reaching implication of the severity of the enactment, 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 POCSO Act would show that (it is) to protect the child from the offences of sexual abuse, sexual assault and harassment, pornography, pursuant to the Article-15 of the Constitution of India, 1950 and the conservation on the rights of the children.

"However, a large array of the cases filed under the POCSO Act seem to be those arising on the basis of the 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 involved in the dense romantic affair."