HC: Why only boys are apprehended but girls let off for love affairs among minors?

DEHRADUN: Uttarakhand HC , while deliberating on a Public Interest Litigation (PIL) filed against the " arrest of adolescent boys involved in romantic and amorous activities with minor girls ", has directed the central and state govts to explain "why only the boys (involved) are being apprehended while the girls are let off". The PIL, submitted by advocate Manisha Bhandari, was presided over by Chief Justice Ritu Bahri and Justice Rakesh Thapliyal.

The petition asserted that in cases involving romantic relationships between minor boys and girls, the boy is invariably deemed culpable. "Even when the girl is older, the boy is taken into custody and regarded as a criminal, ultimately finding himself imprisoned, whereas he should be provided with counselling instead of being apprehended", the PIL mentioned. During the hearing, it came to light that 20 minors are currently languishing in custody on similar charges.

The court acknowledged the matter and remarked that the state could deliberate on whether recording the boy's statement under section 161 of the Code of Criminal Procedure (CrPC) would suffice, without necessitating his arrest. The court suggested: "At the most, he can be given advice not to indulge in such things, but should not be arrested." Furthermore, the court proposed that the state could issue comprehensive guidelines for the police department to adhere to in such situations.