_edited_edited.jpg)
Case Name - Vijaylakshmi vs State Rep.
Case Citation - Crl. O.P. No. 232 of 2021 and Crl. M.P. No. 109 of 2021, Dated 27.01.2021
Parties Involved -
Petitioner -
Vijaylakshmi
G. Vennila
Respondent - State Rep.
Relevant Acts and Sections -
Facts of the Case
It is a petition filed jointly by the defacto complainant and the aggrieved girl, with proceedings pending against another defendant facing trial before a lower court for offenses under section 366 of the Indian Penal Code, 1806. The complainant filed the case to quash the proceeding pending the defendant under section 6 of the Prevention of Child from Offenses, 2012 (hereinafter referred to as the “POSCO Act” or “the Act”) and section 9 of the Prohibition of Child Marriage Act, 2006.
It is seen from the records that the second petitioner, the victim girl, knew the second respondent very well, and they were in love with each other. In the end, they decided to get married and moved out of their respective homes, and a police complaint was filed against the first respondent and as a result, now criminal proceedings have been initiated against the second.
Ms. Doulagh Nisha, Inspector of Police was present at the time of hearing through video conferencing and informed this Court that the petitioners have approached her and informed them that they do not wish to continue with the criminal proceedings against the second respondent. She was told that the first petitioner wanted her daughter to get married and it was getting delayed due to criminal proceedings, which was causing further mental agony to the petitioners.
The actual complainant and the victim girl were also present at the time of hearing through video conferencing. This court examined the aggrieved girl and said that she and the other respondent had a love affair and she was not ready to suffer further and wanted the criminal proceedings to be quashed.
Issue of the Case
Whether this Court can quash criminal proceedings in respect of non-compoundable offenses pending against the second defendant?
Petitioner's Argument
The father of the victim girl, who was examined as prosecutor witness (PW1), also did not support the prosecution's case and was treated as a hostile witness.
The victim's mother was also present during the hearing through video conferencing. She said to let go of the past, she wants her daughter to get married and settle down in life. She further stated that he has no interest in pursuing the criminal proceedings and the same can be quashed by this Court.
Respondent's Argument
The learned Additional Public Prosecutor, appearing for the respondent police, submitted that though the parties are in agreement during the pendency of the trial, in this case, this Court will have to consider quashing the case by keeping in mind the seriousness of the offense and the nature of the offense. He argued that the nature of the offense was such that it cannot be quashed merely on the basis of a compromise between the parties.
Judgment of the Case
The Honourable Court considered it appropriate and necessary to take a moment to delve into an important aspect, awareness of which is important to understand and deal with cases of this nature. They mentioned that it was important to be aware of the science and psychology of adolescence and young adulthood. 'This is because social and biological phenomena are widely recognized as determinants of human development, health, and socio-economic achievements throughout life, but our understanding of the underlying pathways and processes remains limited. Therefore, a "biosocial approach" is needed, one that conceptualizes the biological and the social as mutually constitutive, and draws on models and methods from the biomedical and social/behavioral sciences.'
The United Nations has formally defined 'adolescence' as 'young people between the ages of 10 and 19 years and between the ages of 10 and 24 in the South-East Asia region. Adolescence and young adulthood are a continuum for many developmental processes, but there are also unique aspects of young adulthood. Scientists studying brain development have spent more time observing teenagers than young adults. By the time people become young adults, important aspects of their neurobiology have reached adult levels. However, their brains continue to change as well, partly because of the continued development of the brain, and partly because the behavior is always remodeling the brain. Brain plasticity is evident throughout life but different types of plasticity emerge at different stages. For example, from childhood to adulthood, the grey matter in the brain, which contains neurons, becomes thinner as it loses synaptic connections and is a method the brain uses to adapt itself to a particular environment. Studies of particular brain regions show constant changes after adolescence. It has been observed that the pathways connecting different parts of the brain also change over time. Decision-making ability is a reflection of the development of the superior longitudinal fascia, which is involved in cognition and executive function. This superior longitudinal fascia continues to develop throughout the young adult years. The profound and long-lasting physical, biological, and neurological changes associated with puberty occur throughout adolescence and early adulthood. Hormonal changes induce a textual remodeling of cortical and limbic circuits in the brain that were previously conducted in the perinatal period and that, in combination with adolescent social experiences and contexts, affect general cognition, decision-making, and behavior in adulthood.
It is relatively recently that neurobiologists have begun to investigate the neural basis of one of the most powerful and pleasurable states known to humans, namely, love. Studies largely show that basic human motivations and emotions originate from distinct systems of neural activity and that these systems are derived from mammalian precursors. Thus, it is only natural that this mechanism is active in homo sapiens. Adolescence is associated with many psychosocial and developmental challenges, including the processing of intense emotions and "first love". (Arnett JJ. Adolescence and Emerging Adulthood. Pearson Education Ltd.; New York, NY, USA: 2014.) It is now well established that teenage romance is an important factor for adolescent self-identity, functioning, and the ability to intimacy. It is a developmental marker. Developmental-relevant theories of adolescent romantic stages also provide a framework for how romantic relationships help young adults meet their identity and intimacy needs. Therefore, the age of adolescence, as can be clearly seen, is associated with a major change in a person's neurological, cognitive, and psychological systems and the most important aspect is the way the individual tries to establish his identity, emotional and develops. Biological needs during this period result in the individual seeking new relationships, bonds, and partnerships. Furthermore, it is also important to acknowledge the vast exposure available to adolescents and youth in the form of digital content that plays a major role in influencing their growth and identity.
In the light of the above, it is only natural that matters of the above nature are on the rise at present and it does not help to avoid acknowledging that society is changing and continuously affecting the identity and cognition of the people. Therefore, painting a criminal color on this aspect would only serve counter-productively of the need to understand the bio-social dynamics and regulate it through the process of law.
The Court is certainly not turning a blind eye to cases where the victim or survivor, under the influence of trauma which they have suffered, studies show that they can reconcile themselves to the same by blaming or reassuring themselves that the element of consent actually existed. Nor is the Court scientifically justifying the reality or plight of the accused in every case where it appears that the accused and the victim's child have been in a romantic relationship. It will depend on the facts and circumstances of each case.
In the present case, the second petitioner, who was in a relationship with the second respondent, who was also in her age of twenty years, has clearly stated that she was the one who insisted that the second respondent should take her to his house. Take away from her house and marry her, because of parental pressure. The second respondent, who was placed in a very precarious position, decided to accept the demand of the second petitioner. Thereafter, they ran away from their respective homes, got married, and got married. Such incidents still happen regularly in villages and towns and sometimes in cities. After a complaint is filed by the parents or family, the police register an FIR under the POCSO Act for kidnapping and various offenses. Many criminal cases registered under the POCSO Act fall under this category. As a result of such an FIR being lodged, the boy is always arrested, and thereafter, his youth comes to a standstill. The provisions of the POCSO Act, as it is today, would certainly make the boy's acts an offense because of his harsh nature. A teenage boy caught in such a situation will certainly have no defense if the criminal case is taken to its logical end. Punishing a juvenile boy who has an affair with a minor girl as a criminal was never the objective of the POCSO Act. A teenage boy and girl who are vulnerable to their hormonal and biological changes and whose decision-making abilities are not yet fully developed must necessarily seek the support and guidance of their parents and society. These events should never be considered from the point of view of adults and such an understanding would actually lead to a lack of empathy. A juvenile sent to jail in such a case would be tormented for life. The time has come for the legislature to consider such matters involving juvenile relations and bring about necessary amendments under the Act expeditiously. The legislature has to keep pace with the changing social needs and bring necessary changes in the law and especially in stringent legislation like POCSO Act.
In the present case, the offenses under consideration are purely personal/personal in nature. It includes only the second petitioner and the second respondent and their respective families. It covers the future of two young people who are still in their early twenties. The second respondent is working as an auto driver to earn his livelihood. By quashing the proceedings, there will be no effect on any overriding public interest in the matter and it will actually pave the way for the second petitioner and the second respondent to settle down in their lives and look for better future prospects. No useful purpose will be served in continuance of criminal proceedings and the pendency of these proceedings will only add to the mental agony of the aggrieved girl and her mother and also will not forget the other respondent.
In view of the above, this Court is inclined to quash the criminal proceedings
For a more simple understanding, refer to the article " Can your "bachpan ka pyaar" land you in prison?" by clicking the button below.
Comments