The Madras High Court (File Photo)The Madras High Court Friday observed that consensual relationships between teenagers above the age of 16 should not come under the purview of the Protection of Children from Sexual Offences (POCSO) Act. Justice V Parthiban suggested changing the definition of “child” in the Act, which currently adheres to those below the age of 18.
The observation was made as Justice Parthiban acquitted a boy who was convicted for 10 years for kidnapping his 17-year-old classmate and being in a sexual relationship with her. During the trial, the girl had reportedly denied all charges against him, but the conviction was made based on statements from relatives and neighbours.
“When the girl below 18 years is involved in a relationship with the teenage boy or little over the teenage, it is always a question mark as to how such relationship could be defined, though such relationship would be the result of mutual innocence and biological attraction,” Justice Parthiban observed. “Such a relationship cannot be construed as an unnatural one or alien to between relationship of opposite sexes.”
During the hearing, the judge also observed that a majority of cases booked under the POCSO Act were related to elopement.
Currently, the law states that a person found to have sexual relations, bodily contact or allied acts with someone below the age of 18 will be subject to rigorous imprisonment.
