Cases and lawsuits

Two judge bench of SC observes that POSCO act should be applied on adolescent lovers

The Supreme court today in its very significant observation while hearing the petitions filed by NCPCR and National Commission for Women including the Bachpan Bacao Andolan in favour of granting punishment to the adolescent lovers under POSCO act said that the lovers below 18 years should be protected rather than sending them to prisons under POSCO act making them criminals for their offence to fall in love with each other.

The apex court said that love is not a crime and as such criminalising their love and sending them to jail under POSCO should not be allowed. The two judge bench of SC comprising of Justice B.V. Nagarathna and R. Mahadevan in their observation said that the adolescent love should be seen at a different level instead of criminalising them. If POSCO is allowed against them the girl’s parents may misuse it to put the boys in jail under this stringent act. We are facing the situation of minor falling in love and then even run away ( elope) …. This is a harsh reality. In schools they study together and fall in love. The social aspect should always be kept in mind. The same law ( POSCO) shouldn’t be applied in such cases.

The minors should not be treated as criminals for their mutual love and genuine romantic relationships ruled the two judge bench.

The bench was hearing the petitions filed by NCW and National Commission for Protection of Child Rights and National Commission for Women against the various high court providing safety and relief to the adolescents by protecting them.

The Bachpan Bachao Andolan had filed the plea against the Tamilnadu government’s circular to the police authorities directing them not to make desperate arrests under the POSCO ACT in the matters involving live affairs and live marriages, especially of the adolescents.

The circular says that before taking any step the SP of the area should first be brought into confidence seeking his official permission.

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