Tamil Nadu DGP asks police not to make hasty arrests in mutual romantic cases

Tamil Nadu’s Director General of Police (DGP) asked offices probing POCSO cases not to make hasty arrests in mutual romantic relationships involving teenagers. C Sylendra Babu issued the circular on December 3 to all District Superintendents and Police Commissioners to direct officers investigating Protection of Children from Sexual Offences (POCSO) cases, according to the News Minute.

The circular directs police to first issue a notice under Section 41-A of the Code Of Criminal Procedure (CrPC) to the individual for inquiry. Also, officers have to specify the reason for arrest of the accused in the case diary.

Also, arrests can be made following the approval of the deputy commissioner or superintendent of police. Statistics show that 60 per cent of POCSO cases registered are linked to mutual romantic relationships for which male is prosecuted and criminalized by arrest, according to the report.

It is pointed that it is all the more so in the case of youths of tribal communities in hilly areas. The DGP’s comes after a consultation meeting on the POCSO Act’s implementation held by the Madras High Court’s Juvenile Justice Committee and POCSO Committee.

It was pointed out in the report how POCSO cases are happening in the tribal communities where marrying a girl below 18 years of age is not a taboo.But when they come for delivery at government hospitals, police are alerted of the underage women waiting for delivery and a case under the POCSO Act is taken against her husband.

It further said given the situation it is highly unlikely for tribal women seek help of tribal midwives for delivery, choosing not to come to hospital. More important, it pointed out that adivasis and tribals might get more alienated from the mainstream society.

Officers are directed to ‘refrain from arresting” the accused in similar cases and instead issue a notice under Section 41-A of the CrPC, according to the report. While calling for amending the POCSO Act, the circular said that criminalizing youths will have negative effect on their life.