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Law should evolve to respect adolescent love: Delhi HC
The Hindu
Delhi High Court advocates understanding over punishment in cases of adolescent love, prioritizing safety and well-being of young individuals.
The Delhi High Court has advocated “a compassionate approach that prioritises understanding over punishment in cases involving adolescent love” noting that the “legal system must safeguard the rights of young individuals to love while ensuring their safety and well-being”.
The court’s observation came while adjudicating a case of sexual assault registered against a man under the Protection of Children from Sexual Offences (POCSO) Act by the father of a 16-year-old girl.
Also read | Child, law, and consensual sex
Justice Jasmeet Singh came to the conclusion that the decision of the trial court acquitting the man in February 2020 was “well-reasoned and does not require any interference”.
The court took note of the fact that the girl has categorically stated that the relationship between her and the man was with her consent. “All the facts proved in this case clearly indicate the willingness of the prosecutrix (girl) to accompany the respondent (man) and the respondent established physical relations with the consent of the prosecutrix,” the court said.
Justice Singh remarked that “the POCSO Act was promulgated for the protection of children. The Act, however, did not choose to draw any distinction as to a girl of less than 18 who chooses a partner out of her own choice and volition”.
“Therefore, any sexual act or intercourse by a man with such a girl would constitute an offence under various provisions of the POCSO Act of 2012,” the judge said.
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Accredited Social Activists (ASHA) from across the State congregated in front of the Secretariat on Thursday in a show of strength, bringing traffic and life in general around the Secretariat to a standstill, demanding that they be paid a decent honorarium and incentive for the stellar work they were doing for the Health department at the grassroots.