Kerala: Of child abuse, Pocso Act & teen love

  • | Wednesday | 20th February, 2019

The act that they do out of romance, may be a crime under Pocso Act. The boyfriend was booked under Pocso Act and remanded in judicial custody. Policemen said that many cases, filed under Pocso Act, are registered against young, gullible lovers.Data available with the state crime records bureau showed that 115 cases were registered under Pocso Act in Kochi last year while in Ernakulam (rural) it was 155. In other instances of youths being booked under Pocso Act for ‘child abuse’ a 24-year-old was booked in Kalloorkkad in November 2018 and another 23-year-old was booked at the same station in November 2017.Officers said there were a few reasons for this scenario. In the case of the ‘missing’ 17-year-old girl in Chengamanad, the fate of her boyfriend now depends on her statement.

KOCHI: The image of a 17-year-old girl – who had eloped with her boyfriend – was recently displayed across newspapers after rural police issued a look-out-notice against her. The boy had been booked under IPC for ‘procuring a minor girl’ after they eloped.The girl would turn 18 in March and if police or her parents manage to nab him before that, then most likely he will be booked under Section 376 of the Pocso Act. Policemen said that many cases, filed under Pocso Act, are registered against young, gullible lovers.Data available with the state crime records bureau showed that 115 cases were registered under Pocso Act in Kochi last year while in Ernakulam (rural) it was 155. In 2015, the figures were 50 cases in city, and a 100 within rural limits; the hike is 130% and 50% respectively now. Experts say that even when actual Pocso cases are severely under-reported, reports about instances involving young lovers – which is legally a crime – is one of the contributing factors to the rise in case numbers.In June last year, Ramamangalam police arrested a 21-year-old after his 17-year-old girlfriend became pregnant. The incident came to light when the girl tried to have an abortion. The boyfriend was booked under Pocso Act and remanded in judicial custody. Same was the case of a 23-year-old in Chottanikkara whose girlfriend – studying in Class X became pregnant in October 2016. In other instances of youths being booked under Pocso Act for ‘child abuse’ a 24-year-old was booked in Kalloorkkad in November 2018 and another 23-year-old was booked at the same station in November 2017.Officers said there were a few reasons for this scenario. In the case of the ‘missing’ 17-year-old girl in Chengamanad, the fate of her boyfriend now depends on her statement. “We have to register a case if the girl says they had sexual intercourse when she was a minor. But, it depends on her statement. If she says that she was keeping away from her family due to personal reasons and that she wishes to stay with her boyfriend since she is 18, the case won’t stand. Police won’t be able to conduct a medical test without her consent,” said Chengamanad SI Sudheer AK.Policemen said that apart from girls giving statement against their boyfriends due to parental pressure, some do it to save their relationship. “There is a trend where girls reveal that they indulged in sexual intimacy with their boyfriends to make the relationship work,” said an officer, adding that in multiple cases the boy is sent to prison if the girl is pregnant. Policemen added that there is a new trend where parents use the Pocso Act to split young couples.Special officer with social justice department Subair KK said that a revision of the law – considering sociological and anthropological viewpoints – will resolve the crisis. “Child protection officers, police and stakeholders are in a dilemma when it comes to teenage love. The act that they do out of romance, may be a crime under Pocso Act. I don’t think it is the lack of awareness that makes them do it but their age. We need to revise the law considering these factors,” he said, adding that the misuse of this law is minuscule.

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