CHENNAI: The Madras High Court has deplored the ‘unhealthy’ trend of minor girls eloping with boys of their choice.
“Though POCSO Act is enacted to curb sexual atrocities against minor girls and young children, it is disheartening to note that minor girls in the age group of 12 to 17 elope with their boyfriends due to infatuation and finally get caught by the police. Ultimately, it is not only the girl who is victimised, equally the boy with whom she elopes becomes a victim in the eye of law,” the single judge said.
The girl’s statement revealed that she had voluntarily eloped with the boy. She said she would consume poison if he did not take her with him, even as her parents were searching an alliance for her. Hence, there is no fault on the part of the boy, the judge said, and granted bail to Prakash of Pudhu Colony in Perumalai village in Cuddalore district.
Though laws on marriage have fixed the age of marriage for girls and boys, many in their teens run away to get married. Such marriage, apart from being null and void in the eye of law, shatters the dreams of the children and tarnishes the reputation of their parents. Taking note of the demand that this age should be increased to 25 and 21 years for boys and girls respectively, the judge said no purpose would be served even if such elopements were going to increase.
Chiding the media and the movies, the judge said that the underlying cause of offences of this type is the media. Media teaches both good and bad. In movies, a teenage boy runs after a teenage school-going girl to propose to her. Since the minor girls are not able to distinguish good and bad and bad things easily induce them, they fall prey to it. Even if the minor girl is separated from her boyfriend, she gets united with him.
“Looking from a social perspective, I am of the view that the role of parents is very important in cultivating good thoughts among children from the beginning. In many families, children are not able to share their thoughts and aspirations with their parents mainly due to fear. Only when the parents develop a friendly atmosphere with their children, they will be able to share everything with their parents. By the way, they will develop a strong feeling not to conceal any information from their parents. Due to the setting up of nuclear families, grandparents are sent to old-age homes and the children are left with none to look after them, the judge said.
Even if this court rejects bail plea, charge-sheet could not be filed in another six days and naturally, the petitioner will be entitled to statutory bail. Hence, taking note of the statement of the girl and also the period of incarceration of the petitioner, the court deemed that custodial interrogation was not required. Hence, he was ordered to be released on bail subject to certain conditions.