Laws can be heavily biased towards Men and also minor boys, despite women and minor girls being in consensual relationship respectively. A school girl and boy from Vadodara, Gujarat, who are currently both minor and student of Class IX, planned to escape from their homes in order to live together as a couple far away from their families.
Since the two could not meet during COVID as schools were closed, the duo voluntarily decided to elope with each other. However, when they were traced by police, minor boy has been charged of rape under POCSO (Protection of Children from Sexual Offences) Act.
Both the boy and the girl are residents of Chhani who conspired the plan to run away from their homes respectively. The two also stole Rs 30,000 cash from their homes collectively. The boy carried Rs 25,000 cash from the temple of the house whereas, the girl managed to bring Rs 5,000.
Soon they reached Vapi and rented a room for Rs 500 a month. However, the boy soon realised that they would run out of money and hence he accepted a small time labourer job in a garment shop, where he was paid Rs 366 daily.
Simultaneously, the parents were looking for their children, however, they could not be found. Thereafter, parents of the girl approached cops and an offence of kidnapping was registered against the boy at the Chhani police station. The boy contacted one of his friends and that is how the cops got clue about their whereabouts.
Police Investigation & Rape Charges On Minor Boy
13-days after the duo eloped from their house, they were found in Vapi on Sunday. After the police interrogated the two, they told them that they missed each other, as the schools were closed since March last year and due to this they were not being able to meet each other. This was the main reason that they planned to flee away from their homes on the morning of December 28.
A senior police official quoted,
They went to Ranoli railway station, but when they could not find a train, they reached Sayajigunj and hired a private taxi to go to Vapi. It was learnt that since the boy’s family used to often go to Daman, he was familiar with the region.
R S Dodiya of Chhani police station added,
Using human intelligence and technical surveillance we tracked them down to Vapi.
The two were brought back to Vadodara, however, when the girl disclosed that they had physical relations, Dodiya said,
We have now booked the boy for rape and under sections of POCSO (Protection of Children from Sexual Offences) Act.
The boy has been quarantined while the girl was taken for a medical test.
- As per current laws, anyone be it major or minor male who has physical relations with a minor girl, will be booked for rape under POCSO, even if the girl has consented for the same
- When we analyse male minors being booked for an act where a minor girl was an equal party, the laws seem highly unfair and unjust against one gender
- Overall understanding and maturity level of a minor boy is the same as that of a minor girl, however, charging him with heinous offence such as rape, can scar him and his career for life
#EXCLUSIVE | Interview With Chairperson: National Commission For Protection Of Child Rights, India
[We discuss about minor boys being charged under POCSO after consensual relationships between minors]