Legal system unfair to young lovers, says Delhi court
28 Dec 2013 5:17 AM IST
‘Our legal system is most unfair to the youngsters in love,’ observed a Delhi court, while acquitting a man accused of abduction and compelling a minor girl to marry him.
Shiva was acquitted by the court as the prosecution failed to establish and prove the allegations of ‘kidnapping, forcing and seducing to illicit intercourse a girl’ levelled against him by the father of the girl.
Additional session judge Kamini Lau has said, ‘Our legal system is most unfair to the youngsters in love and it is ironical indeed that the statutory laws in our country are without any just exception and criminalise innocent love.’
‘A hardened criminal involved in serious crimes such as rapes, manslaughter and dacoity is treated at par with the one who is punished for falling in love with a woman at the verge of attaining majority,’ the court added.
The court further added, ‘This happens only because the existing statutory laws of our country do not providing for any “Window Period” in case of elopement of youngsters (where the girl is a minor) where there is a non exploitative situation’.
The witness has testified that no sexual assault was committed by the accused with her during the time she stayed with him by her own will. According to the girl, when she left her house she was hardly about two-three months away from turning 18 years as per the date of birth given in the school certificate.
She has admitted that as on date she is married and that her father was against her marriage with accused Shiva because of which he got the FIR on false facts registered. She had gone to Shiva of her own will and she wanted to marry Shiva after attaining majority age on 24 March 2012.
Shiva was acquitted by the court as the prosecution failed to establish and prove the allegations of ‘kidnapping, forcing and seducing to illicit intercourse a girl’ levelled against him by the father of the girl.
Additional session judge Kamini Lau has said, ‘Our legal system is most unfair to the youngsters in love and it is ironical indeed that the statutory laws in our country are without any just exception and criminalise innocent love.’
‘A hardened criminal involved in serious crimes such as rapes, manslaughter and dacoity is treated at par with the one who is punished for falling in love with a woman at the verge of attaining majority,’ the court added.
The court further added, ‘This happens only because the existing statutory laws of our country do not providing for any “Window Period” in case of elopement of youngsters (where the girl is a minor) where there is a non exploitative situation’.
The witness has testified that no sexual assault was committed by the accused with her during the time she stayed with him by her own will. According to the girl, when she left her house she was hardly about two-three months away from turning 18 years as per the date of birth given in the school certificate.
She has admitted that as on date she is married and that her father was against her marriage with accused Shiva because of which he got the FIR on false facts registered. She had gone to Shiva of her own will and she wanted to marry Shiva after attaining majority age on 24 March 2012.
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