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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10-year-old boy stuck in borewell in MP's Guna, rescue operation on
Bhopal, Dec 28: A 10-year-old boy fell into an open borewell in Madhya Pradesh's Guna district on Saturday evening and a rescue operation was underway, officials said.
The incident took place in Raghogarh area.
Sumit Meena, the boy, slipped into the open shaft of the borewell at Pipliya village, about 50 km from Guna district headquarters, about 5 pm.
He was trapped at a depth of around 39 feet, Raghogarh Congress MLA Jaivardhan Singh told PTI from the spot.
A parallel pit has been dug to rescue him, he said.
While police started the rescue operation immediately, a team of the National Disaster Response Force (NDRF) had also arrived from Bhopal, the MLA said.
Oxygen was being pumped into the borewell, he said.
