Case Study of 16Years girl at New delhi
Recently, a girl age 16 years was admitted to a government hospital by her mother for termination of pregnancy. As soon as doctor got to know that the girl was not married and she got pregnancy because of her relationship with her friend 18 ½ years, they informed police about the case as per the provision of mandatory reporting under the POCSO Act. Police reached to the hospital and recorded the statement of girl and logged F.I.R.
Both mother and daughter was confused why did doctor called police as they did not want to register case. Girl was kept on saying that they both loved each other very much and she involved in physical relation with consent. The both families wanted to marry them .
Mother of the girl child was presuming that if the boy would be sent to Jail, the boy’s family might deny for marriage. Same day boy was arrested and sent to Tihar Jail. Both the family and child discussed the matter and decided not to abort the baby. But doctor was in opinion to abort the baby of the child.
Ø The family decided not to terminate the pregnancy of the child, inspite the opinion of the doctor. In this situation, whether the child is consider as CNCP? If yes what will be the role of CWC?
The Girl child consensually made sexual relationship with boy. Is it an offence? If yes she should be considered as offender?
Ø To consider a boy as accused, who is willing to marry the girl child, will serve the best interest of the child?
The above case raised serious question;
Ø Is it justified to put allegation on young adult (18 ½ year) under criminal law who involve in consensual sex with a girl child (15-16 year). While the exposure to the issue to involve in sexual activity is much higher than earlier. Is there a strong need to review law to lower the age of Consent for sexual activity?
Ø As the girl child accepted that she involved in physical relationship with her consent. Are they both not perpetrator of crime. Hence, Should girl be treated as accused?
Ø If the family and girl is not given consent for MTP. Who will decide the matter? and what is the role of CWC? Whether the child is under the CNCP category?
Reema 16 years lives in Laxmi nagar, Delhi with her parents and elder brother. She studies in 7th class. Her father is driver. Her mother is maid. Family’s monthly income is around 10000/-p.m. One and a half year ago, Reema met with a boy named Tapas (19 years) who lived in their neighbor. Tapas was carpenter. Soon, Tapas and Reema became friend and went in to relationship. One day Reema’s parents and her brother were not at home then Reema called Tapas and they get into physical relation. After that day, Tapas started coming to Reema’s house in absence of her family. Around six months ago, the family moved from that place and sifted to new flat. Reema told they had fight day after that Tapas did not come to her home. But Reema told but they still loves each other very much.
Reema told her menstrual cycle had always been irregular. Since five moths her menstrual cycle had not come. Last week she shared everything with her neighborhood friend Shalini. Shalini informed Reema about the pregnancy detection Kit. Then Reema brought the kit and kept kit in her school bag. Reema’s mother found that kit and the she asked Reema about the kit. And also scold her. Reema frightened and told the whole story to her mother. Reema’s mother took her to a local Doctor and her told diagnose that Reema had conceived since five months. Then Reema’s mother did take her to a hospital. She narrated the whole incident to doctor. Doctor called the Police. Reema and her mother were not aware about the provision of mandatory reporting .They did not understand why did police come and started investigation. Reema narrated the whole incident to them and police lodge FIR on the name of Reema. While the Reema did not want to register FIR against Tapas. She cried a lot in front of Doctor. Now Reema was in trauma in two way one her boy friend would be in jail and she was scared on the name of abortion (operation).
Reema’s mother was also in high stress. She kept on saying that Tapas was nice boy she wanted to marry her daughter with Tapas. if Tapas would be sent to Jail his parent would not accepted her daughter. She said that children did mistake only. And her daughter was willingly gone in to physical relation with Tapas. Same day Police arrested Tapas and sent him Tihar Jail.
The above case raised serious question; Is it justified to put allegation on young adult (17-19 year) under criminal law who involve in consensual sex with a girl child (15-16 year) only to prevent girl from crime. While the exposure to the issue to involve in sexual activity is much higher than earlier. Therefore we are in the view that there is strong need to review the law to lower the age of Consent for sexual activity
(Names changed to maintain anonymity)
(Names changed to maintain anonymity)