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Pushing for a ‘bio-social approach’ in cases deriving from teenage romance affairs, the Allahabad High Court granted bail to a POCSO accused youth and observed that the legislation is not intended for teenage affairs.

The bench of Justice Rahul Chaturvedi said, “The scheme of the (Protection of Children from Sexual Offences) Act clearly shows that it did not intend to bring within its scope or limits, the cases of the nature where the adolescents or teenagers involved in the dense romantic affair.”

Making several striking observations regarding the scheme of the POCSO Act and its misuse, Court allowed the bail application of one Atul Mishra, facing prosecution for various offences including rape and Section 3/4 of POCSO Act.

Court said that “growing incidences where teenagers and young adults fall victim of the offences under the POCSO Act, being slapped by the penal provisions of POCSO Act without understanding the far reaching implication of the severity of the enactment.”

 “(It) is an issue that brings much concern to the conscience of this Court,” said court.

Mishra, who was himself a teenager at the time of the incident, had run away with a 14- year-old girl and got married to her in a temple. He had remained in the company of the girl for almost two years during which the couple also gave birth to a child.

It was also on record that the teenage girl, who is currently lodged at a state facility with her infant, had declined to go with her parents despite the facility’s inhumane conditions.

Accordingly, taking note of the facts of the case, court observed that “this is extremely gloomy situation, where (Mishra) is in jail since October 2021 for the alleged sin committed by him i.e. marrying a girl belonging to scheduled caste and residing peacefully as husband and wife.”

Court further stressed that “It is extremely harsh and inhuman to devoid (the) baby from the parental love and affection on account of the fact that both of them loved each other and decided to marry, when the girl was minor.”

Therefore, relying on Mishra’s assurance that he is more than ready and willing to keep his wife and baby with him, court decided to release him on bail.

However, with an object to secure the future of the girl and baby, the Court put out a condition that after his release on bail, Mishra shall produce a bank draft of Rs. 5 lacs in favour of his wife and her baby, which shall be handed over the girl before the court within a period of six months from the date of Mishra’s release.

Case Title: Atul Mishra v. State of U.P. And 3 Others