The court was examining whether POCSO cases can be quashed based on consent between the accused and the victim despite the law’s strict and overriding nature, in a case involving a consensual adolescent relationship.
Given that survivor viewed the POCSO convict as her husband and the father of her child, the Clacutta High Court noted that keeping him incarcerated for two decades would further destabilise the minor mother's situation.
A gender-neutral law, designed to protect, is in many cases being used in a manner that disproportionately punishes the male child, simply because the law did not anticipate consensual relationships between adolescents
The Delhi High Court was hearing the state’s appeal against the acquittal of the man in the 2013 case involving the alleged kidnapping of a girl from Delhi to Amritsar.
Somewhere between teaching and learning, our curriculum and society failed to educate Bharatiya primitive males basic respect for life and recognition of dignity of other genders, the Punjab and Haryana High Court noted.
The petition states that the child had identified the accused women on multiple occasions, including before the police and a magistrate. The male accused is the husband of one of the women, it says.
The special judge of the POCSO court had directed the registration of an FIR against Swami Avimukteshwaranand Saraswati and Mukundanand Brahmachari of Sheshnath Ashram, Badrinath Dham, on an application moved by Ashutosh Brahmachari Maharaj and others.
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