POCSO not meant to criminalise consensual romantic relationship between young adults: Delhi HC
New Delhi (PTI): The intention behind POCSO is to protect children from sexual exploitation but it was never meant to criminalise consensual romantic relationships between young adults, the Delhi High Court has said.
It, however, cautioned that the nature of the relationship has to be seen from facts and circumstances of each case as the survivor in some cases may face pressure to settle.
The court's observation came while granting bail to a boy who married a 17-year-old girl and was subsequently apprehended under the Protection of Children from Sexual Offences (POCSO) Act.
It noted that in the present case, the girl was not coerced into the relationship with the boy, and it was clear from her statement that there was a romantic relationship between the two and the sexual act between them was consensual.
"In my opinion, the intention of POCSO was to protect children below the age of 18 years from sexual exploitation. It was never meant to criminalise consensual romantic relationships between young adults," said Justice Jasmeet Singh in the order.
"However, this has to be seen from the facts and circumstances of each case. There might be cases where the survivor of sexual offence, may under pressure or trauma be forced to settle," the judge added.
The court observed that a consensual relationship borne out of love should be of consideration while granting bail, and in the present case, it would be a travesty of justice to let the accused suffer in prison.
"Thus, this is not a case where the girl was coerced into the relationship with the boy. In fact, Ms. 'A', herself went to the applicant's house and asked him to marry her. The statement of the victim makes it clear that this is a romantic relationship between the two and that the sexual act involved between them was consensual," it said.
"Although the victim is a minor and hence, her consent does not have any legal bearing, I am of the opinion that the factum of a consensual relationship borne out of love should be of consideration while granting bail. To ignore the statement of the victim and let the accused suffer behind jail, in the present case, would otherwise amount to perversity of justice," the court added.
It directed that the accused be released on bail on a personal bond and a surety bond of Rs 10,000 each.
The court also asked the accused to join the investigation, surrender his passport and not indulge in any criminal activity.
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Another North Goa nightclub sealed; Kejriwal says corruption led to fire tragedy
Panaji (PTI): As part of a crackdown against tourist establishments violating laws and safety norms in the aftermath of the Arpora fire tragedy, Goa authorities on Saturday sealed a renowned club at Vagator and revoked the fire department NOC of another club.
Cafe CO2 Goa, located on a cliff overlooking the Arabian Sea at Vagator beach in North Goa, was sealed. The move came two days after Goya Club, also in Vagator, was shut down for alleged violations of rules.
Elsewhere, campaigning for local body polls, AAP leader Arvind Kejriwal said the fire incident at Birch by Romeo Lane nightclub at Arpora, which claimed 25 lives on December 6, happened because the BJP government in the state was corrupt.
An inspection of Cafe CO2 Goa by a state government-appointed team revealed that the establishment, with a seating capacity of 250, did not possess a no-objection certificate (NOC) of the Fire and Emergency Services Department. The club, which sits atop Ozrant Cliff, also did not have structural stability, the team found.
The Fire and Emergency Services on Saturday also revoked the NOC issued to Diaz Pool Club and Bar at Anjuna as the fire extinguishers installed in the establishment were found to be inadequate, said divisional fire officer Shripad Gawas.
A notice was issued to Nitin Wadhwa, the partner of the club, he said in the order.
Campaigning at Chimbel village near Panaji in support of his party's Zilla Panchayat election candidate, Aam Aadmi Party leader Kejriwal said the nightclub fire at Arpora happened because of the "corruption of the Pramod Sawant-led state government."
"Why this fire incident happened? I read in the newspapers that the nightclub had no occupancy certificate, no building licence, no excise licence, no construction licence or trade licence. The entire club was illegal but still it was going on," he said.
"How could it go on? Couldn't Pramod Sawant or anyone else see it? I was told that hafta (bribe) was being paid," the former Delhi chief minister said.
A person can not work without bribing officials in the coastal state, Kejriwal said, alleging that officers, MLAs and even ministers are accepting bribes.
