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.
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.
Maharashtra sets up state vaccination task force to strengthen immunisation programme
Mumbai (PTI): The Maharashtra government has set up a State Vaccination Task Force to strengthen the regular immunisation programme and review the progress of related campaigns, a health department official said on Monday.
The State Vaccination Task Force will comprise at least 29 members and will be headed by the administrative head of the health department, he informed.
The government has also constituted separate district-level and municipal vaccination task forces to improve implementation and address challenges at the grassroots level, he said.
Municipal task forces, chaired by respective civic commissioners, have been constituted in view of the vast urban population in Maharashtra and the role of civic bodies in implementing different health programmes.
The district-level task forces will function under the chairmanship of collectors.
"Complete immunisation of children at the appropriate age is an extremely simple, cost-effective and highly effective measure to reduce child mortality and the prevalence of diseases among kids. Immunisation is a powerful tool for reducing illness in children," maintained the official.
To ensure full vaccination of all children, the state government implements various campaigns from time to time as per the central government guidelines, he pointed out.
"Active participation and cooperation of other relevant government departments are essential (in making these campaigns successful)," according to the official.
The state-level body will review the regular immunisation programme, associated campaigns and vaccine-preventable diseases in detail. It will also conduct focused assessments of high-risk districts and municipal corporations, including vacancies at district, municipal and sub-district levels, availability of cold chain equipment, resource gaps and training requirements, he noted.
The state task force will review allocation and utilisation of funds for immunisation and ensure timely action by officers concerned based on reports from district and municipal task forces and state-level monitoring mechanisms, the official said.
It will also ensure active coordination and participation of other government departments in immunisation drives, while district and municipal task forces will carry out similar functions at their respective levels, the official added.
