Delhi HC advocates for compassionate approach for adolescent love, says law must evolve
New Delhi (PTI): The Delhi High Court has advocated for a compassionate approach prioritising "understanding" over "punishment" in criminal cases involving adolescent love, saying the law should evolve to acknowledge such relationships that were consensual and free from coercion.
Affirming that consensual and respectful adolescent love was a natural part of human development, Justice Jasmeet Singh said adolescents should be allowed to express their feelings and engage in relationships without fear of criminalisation.
"I believe that societal and legal views on adolescent love should emphasise the rights of young individuals to engage in romantic relationships that are free from exploitation and abuse," said the court.
In an order passed on January 30 and made available on February 14, the judge said, "Love is a fundamental human experience and adolescents have the right to form emotional connections. The law should evolve to acknowledge and respect these relationships, as long as they are consensual and free from coercion."
The high court said the focus of the law should be on preventing exploitation and abuse rather than punishing love.
"While the legal age of consent is important for protecting minors, I feel that adolescents should be allowed to express their feelings and engage in relationships without fear of criminalisation," it added.
The order went on to add, "I affirm that consensual and respectful adolescent love is a natural part of human development."
The high court therefore upheld a trial court judgement acquitting a man for the alleged offence of penetrative sexual assault under the Protection of Children from Sexual Offences Act.
In December 2014, a complaint was lodged with the police by the girl's father that his minor daughter had not returned home from tuition. An apprehension was raised against the man since he was also missing from his house.
Investigation was conducted and the girl, who was around 16 years of age at the time of the incident, was brought back home, while a case was lodged against the man for allegedly sexually assaulting the minor.
The high court, while upholding the man's acquittal and dismissing the state's plea against the trial court's decision, said the acquittal order was well reasoned and did not require any interference.
"I am of the view that it has not been proved beyond reasonable doubt by the prosecution that the prosecutrix is a minor as well as the prosecutrix is certain that the relationship was with her consent," held the court.
The judge relied on a previous judgement of the high court dealing with the proposition that when a girl over 16 years, made a statement that she had consented to the relationship and it could be accepted, the court was within its power in quashing the proceedings under Sections 363 and 376 of IPC.
The high court had cautioned that there could be no straitjacket formula to be applied.
"Therefore, the age of majority as prescribed, must be construed and interpreted in the context of the law for which it is being considered and in a case of this nature, where the minor is certain and unshaken in her opinion and desire, it would not be right and proper for this court to brush aside her views on the ground that she is not 18 years of age as on date and is only 16 years, 10 months, 21 days old," Justice Singh said.
The court observed that it would be harsh and unjust to convict an individual under the POCSO Act without definitive proof of the age of the prosecutrix, especially when the age gap for the minor survivor to attain majority was only one or two years.
The court said the legal system must safeguard the rights of young individuals to love while ensuring their safety and well-being.
"I advocate for a compassionate approach that prioritises understanding over punishment in cases involving adolescent love," the judge said.
Facts of the case "clearly" indicated to the court that the girl's willingness to accompany the man and he established physical relations with her consent.
The court held the girl's medical report did not support the prosecution's case in the absence of injuries of resistance to the sexual act.
Let the Truth be known. If you read VB and like VB, please be a VB Supporter and Help us deliver the Truth to one and all.
Will vacate one of two assembly seats won in 10 days: BJP''s Suvendu
Kolkata (PTI): BJP leader Suvendu Adhikari, who defeated West Bengal Chief Minister Mamata Banerjee in Bhabanipur and secured Nandigram for three times in a row in the recent assembly polls, said on Wednesday that he would vacate one of the two constituencies within 10 days.
Adhikari also asserted that the party's central leadership would decide which constituency he would retain.
"I will vacate one seat within 10 days. The party will decide which one I retain. I will not forget my responsibility towards the people of Bhabanipur and Nandigram," he said.
Adhikari on Monday defeated Banerjee in Bhabanipur by over 15,000 votes, puncturing what was long seen as her safest political refuge and delivering a decisive psychological blow to the TMC, amid a sweeping BJP surge across West Bengal.
Addressing party workers and supporters in Nandigram in Purba Medinipur district, the BJP leader appealed to them not to take out victory processions immediately and instead maintain peace.
"Do not take out victory rallies now. Maintain peace and discipline. Celebrate after May 9, after taking permission," he told party workers.
State BJP president Samik Bhattacharya on Wednesday announced that the oath-taking ceremony of the new government will be held on May 9 at Brigade Parade Ground.
Referring to alleged attacks on BJP workers during the TMC regime, Adhikari said he would not forget the “atrocities" faced by them and assured them of taking appropriate action against perpetrators through legal processes.
"I was part of the 2011 ‘poribartan’ (change), and now I am part of the real change. I offer my gratitude to the people of Nandigram," Adhikari said.
He was referring to the TMC's victory in 2011 when the Mamata Banerjee party dismantled the 34-year Left Front regime in the state.
Adhikari offered prayers at a Hanuman statue in Nandigram and remembered the BJP workers, who had died in political violence.
"We will work in such a way that the BJP government in Bengal stays for 100 years," he said, expressing hope that the BJP’s vote share in the state would rise from the current 46 per cent to 60 per cent in future elections.
The BJP leader also assured residents of Nandigram of improved drinking water supply and better hospital and education infrastructure.
