Uttarakhand: The Uttarakhand High Court has issued a notice to the state government seeking its response on the issue of arresting minors in cases where they are found dating.
In a Public Interest Litigation (PIL) heard on July 1, 2024, a division bench comprising Chief Justice Ritu Bahri and Justice Rakesh Thapliyal directed the state to examine whether it is necessary to arrest boys aged 16-18 who are found dating girls of similar age, especially when no offense under the POCSO Act is made out.
The petitioner, Ms. Manisha Bhandari, appearing in person, argued that in cases where young couples are dating consensually, the boy should not be arrested merely on the complaint of the girls parents.
The court suggested that the state could consider whether recording statements under Section 161 of the Criminal Procedure Code would be sufficient, instead of arresting the boy. It also proposed that such boys could be counseled rather than arrested.
The bench stated, The State can examine the issue whether recording of the statement under Section 161 of CrPC would be sufficient not to arrest the boy, who has gone on a date with the girl, and at the most, he can be called for giving him advice not to indulge in these things, but he should not be arrested.
The court has asked the state to examine this issue and consider issuing general directions for the Police Department in such cases.
The case has been listed for further hearing on August 6, 2024.
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