Boy, girl, both 15, consensual nature of relationship must be considered before subjecting adolescents to juvenile justice process: HC; halts case

Dehradun: Uttarakhand high court (HC) has stayed criminal proceedings before the Juvenile Justice Board (JJB) of Dehradun, in a case where a 15-year-old boy was accused of kidnapping a girl of the same age -- with whom he "shared a four-year friendship and, according to the victim's own statement, a consensual relationship".Hearing an application filed by the boy, Justice Alok Mahra on Wednesday, while ordering that the JJB proceedings shall remain stayed till the next date of listing, observed that the "consensual nature of their relationship must be considered before subjecting them to the juvenile justice process".The case originated when the victim's father lodged an FIR alleging that the applicant had kidnapped his minor daughter. Following investigation, a chargesheet was filed against the boy before the JJB. However, the case turned significantly upon examination of the girl's statements. In her statement recorded before the magistrate under BNSS section 183, the victim admitted that "she had voluntarily gone to the applicant's house, invited him to her residence, concealed him in her almirah, provided him food and that their physical relations were consensual." Medical examination corroborated this, revealing no evidence of forceful sexual assault.Counsel for the applicant also argued that confining the boy in an observation home could "have an adverse impact on his future prospects," given that both parties are adolescents with a longstanding bond. In its order, which was made available on Thursday, the court stated: "Considering the above, along with the nature of the allegations and his age, it is argued that leniency may be exercised in the matter." The court also drew upon the Supreme Court's recent ruling in the ‘state of UP vs Anurudh & another', which held that in cases involving consensual adolescent relationships, "ignoring the consensual nature of a relationship can lead to unjust outcomes, such as wrongful imprisonment", and that courts must balance minor protection with recognition of adolescent autonomy.The petitioner's advocate Abhijay Negi further added that the case touches a sensitive cord as teenagers getting attracted to each other is an open underbelly of the society. Negi said, "Unless there is a use of force and violence, the law ought to be used with the agenda of reformation rather than punishment..."