The Allahabad High Court highlighted POCSO Act misuse in teen romance cases during Satish Alias Chand’s bail hearing, accused of eloping with a minor in 2023 and arrested in January 2024.
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Uttar Pradesh: The Allahabad High Court has drawn attention to the misuse of the Protection of Children from Sexual Offences (POCSO) Act, particularly in cases involving consensual romantic relationships between teenagers. This observation was made during the hearing of a bail application for Satish Alias Chand, who was accused of “enticing away” the complainant’s minor daughter in June 2023. Chand was subsequently arrested in January 2024.
Justice Krishan Pahal, presiding over the case, emphasized the need for a nuanced approach and careful judicial consideration in such matters.
“While the primary aim of the POCSO Act is to safeguard minors under 18 from sexual exploitation, there have been instances where it has been misapplied, especially in cases of consensual romantic relationships involving teenagers.”
-the High Court stated.
The court highlighted the challenge in distinguishing between genuine cases of exploitation and those involving consensual relationships. This distinction is crucial as it impacts the lives of young individuals who may be unfairly caught in the legal system due to consensual acts.
During the proceedings, Chand’s lawyer argued that his client was falsely implicated, asserting that the girl had given her consent and was 18 years old at the time of the incident. This claim brought to light the complexities involved in such cases, where the line between consensual relationships and statutory violations can often blur.
The High Court’s observation underscores the importance of a balanced judicial approach in handling POCSO cases. It calls for a discerning view to ensure that the law’s intent to protect minors from exploitation does not inadvertently penalize teenagers engaged in consensual relationships.
In granting bail to Satish Alias Chand, the court acknowledged the need for judicial prudence and the importance of safeguarding the rights of individuals involved in consensual acts. This case sets a precedent for future legal interpretations and highlights the evolving nature of judicial perspectives on teenage relationships under the POCSO Act.
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The High Court made a significant decision regarding a case involving a young couple and their infant child. The court, after reviewing all the evidence, has granted bail to an individual named Chand, under specific conditions aimed at ensuring the welfare of his young family.
The narrative began when it was revealed that the couple had eloped due to fears of parental disapproval. According to legal representatives, both Chand and the victim were deeply in love and chose to solidify their relationship by marrying at a temple. Although their union was not legally recognized due to the absence of official registration, the emotional bonds between them were clear.
Compounding the complexity of their situation, the court received information indicating that the young woman was six months pregnant at the time of their elopement. This fact added a layer of urgency to their circumstances. As of the court hearing, she is now a mother to a four-month-old daughter, further deepening the responsibilities resting on the couple’s shoulders.
Chand’s lawyer addressed the court, affirming his client’s commitment to his family.
“The lawyer informed the court that the accused and the victim were in a romantic relationship and eloped due to parental pressure. They subsequently married at a temple, although their marriage is not legally registered.”
– informed the court.
Adding to this, the court was made aware of the pressing familial obligations when the lawyer stated-
“Chand’s lawyer assured the High Court that he would take responsibility for both the child and his wife.”
The state’s counsel, however, faced challenges in presenting exceptional circumstances that would justify denying Chand bail. Consequently, the court concluded that the state failed to provide sufficient reasons to keep Chand detained.
In its ruling, the court stipulated specific conditions for granting bail, emphasizing the welfare and future security of the child involved.
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“The applicant is directed to deposit a fixed deposit of Rs 2,00,000 in the name of the victim’s newborn child, to be held until the child reaches the age of majority, within six months from the date of release from jail.”
– the court directed.
This decision underlines the court’s proactive stance in safeguarding the interests of the child and ensuring that she has a secure future.
