The Uttarakhand High Court has urged the state government to review the need for arrests in cases of minor boys and girls going on dates, aiming to prevent the unnecessary criminalization of adolescent behavior and its adverse effects on youth.
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NAINITAL: The Uttarakhand High Court has recently urged the State government to reconsider the necessity of arrests in cases where minor boys and girls go on dates. This suggestion aims to address concerns regarding the potential criminalization of normal adolescent behavior and the impact such actions might have on young lives.
A Bench comprising Chief Justice Ritu Bahari and Justice Rakesh Thapliyal highlighted the need for a more empathetic and understanding approach.
The Court, in its order, stated-
“The State should consider whether recording a statement under section 161 of CrPC would suffice instead of arresting boys who go on dates with girls. At most, they could be summoned for advice against such behavior, rather than facing arrest.”
This remark underscores the Court’s viewpoint that while guidance and advice are essential, arrests should be avoided unless absolutely necessary.
The Court further emphasized that the State should consider issuing general directions to the police on this matter. The intention behind this suggestion is to ensure that law enforcement agencies handle such cases with sensitivity, recognizing the difference between criminal activities and typical adolescent behavior.
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The plea that brought this issue to the Court’s attention sought directions for the State to review instances where minors have been arrested following complaints from the girl’s parents after the minors were found dating. This plea points to the broader societal and legal implications of treating dating among minors as a criminal offense.
Counsel for the petitioner argued that such incidents do not fall under the ambit of the Protection of Children from Sexual Offences (POCSO) Act. The POCSO Act is designed to protect minors from sexual exploitation and abuse, and the counsel contended that consensual dating does not constitute an offense under this legislation.
The case, which is set for its next hearing on July 6, has garnered attention due to its potential implications for the legal treatment of minors.
Advocate Manisha Bhandari, representing the petitioner, presented arguments that emphasize the need for a nuanced approach to such cases. Meanwhile, Standing Counsel PC Bisht represented the State in the proceedings.
The Uttarakhand High Court’s observations and the upcoming hearing could pave the way for significant changes in how the legal system handles cases involving minors. The Court’s stance advocates for a balanced approach that protects minors from unnecessary criminalization while ensuring they receive appropriate guidance and advice.
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