Consider ground realities, rethink age of consent in POCSO Act: K'taka HC to Law Commission
Bengaluru, Nov 6: The Karnataka High Court has directed the Law Commission of India to reconsider the age of consent in Protection of Children from Sexual Offences (POCSO) Act.
In the judgement passed on November 5, a division bench of Justices Suraj Govindaraj and G Basavaraja said, “Having come across several cases relating to minor girls above 16 years having fallen in love and eloped and in the meantime, having had sexual intercourse with the boy, we are of the considered opinion that the Law Commission of India would have to rethink on the age criteria, so as to take into consideration the ground realities." The court heard an appeal by the police challenging the acquittal of a POCSO accused. It found that the girl, then 17, had eloped with the boy in 2017. Though the girl's parents had filed the complaint, all the witnesses turned hostile.
While the case continued, the two had married and now have two children.
Confirming his acquittal, the court however gave directions to the Law Commission as well as the Education Department in Karnataka.
The HC said that it was lack of awareness of POCSO and IPC that is resulting in many offences being committed by young persons.
“It is also seen that many of the above offences which are deemed offences to have been committed as a result of or on account of lack of knowledge on the part of the minor girl and the boy.
Many a time the boy and girl involved are either closely related or very well known to each other being classmates or otherwise,” the court observed.
Though lack of knowledge of law is not an excuse for committing a crime, the HC said students should be made aware of the POCSO Act.
“It is required that students especially at least of IX standard onwards, are educated on the aspects of POCSO Act, the acts which are criminalized under the POCSO Act as also under the Indian Penal Code,” it said.
Therefore, the Principal Secretary of the Education Department was directed to constitute a committee to formulate suitable education material in relation to the above and thereafter issue necessary directions to all schools be it government or private, stating that such students are to be educated and forewarned of the consequences of their action, if in violation of the POCSO Act or the IPC.” The case was relisted for December 5 for the Department to file a compliance report.
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Bengaluru jail introduces biometric tracking system for prisoners
Bengaluru: In a bid to curb misconduct and illegal activities inside Parappana Agrahara Central Prison, prison authorities have introduced a new ‘Prisoners Tracking Movement System’ under which inmates will have to undergo biometric verification while entering every barrack.
According to jail officials, biometric systems have been installed across all major sections of the prison, including barracks, visitor rooms, hospital, canteen, kitchen, library, playground, handicraft units and bakery sections. Staff members have also been deployed at these locations.
Officials said inmates visiting the visitors’ room must now obtain a digital token after biometric verification. Details such as the prisoner’s name, identification number and entry time will be updated in the prison software system. This will help authorities maintain a complete digital record of inmates visiting and returning from meeting rooms.
Similar systems have also been introduced at entry points of the hospital, library and other barracks accessed for work-related purposes. Officials said the system will help identify prisoners involved in suspicious or illegal activities with other inmates and enable authorities to track how much time a prisoner spends at different locations inside the prison.
Authorities stated that AI-powered cameras were already being used inside the prison to monitor inmates as well as prison staff. Along with this, digital tracking of prisoner phone calls and a digital token system for visitor meetings have now been added to strengthen surveillance over inmate movement. Officials said the project has been implemented at a cost of around Rs 2.25 crore.
The prison department has also introduced a canteen usage tracking system to monitor prisoners’ spending patterns. Instead of direct cash payments, inmates can purchase bakery items and snacks using wallets or coupons issued within the prison system.
Officials said the digital system will record details including the buyer’s name, items purchased, quantity, date, time and remaining wallet balance. This will allow prison authorities to maintain complete expenditure records of inmates.
