Tamil Nadu’s Director General of Police (DGP) C Sylendra Babu has issued a circular instructing Investigating Officers of Protection of Children from Sexual Offences (POCSO) Act cases not to make hasty arrests in mutual romantic relationships. Police officers have been asked to take a more wary approach depending on the nature of each case, and to take the permission of higher officials before arresting the accused in cases involving mutual relationships. The DGP's instructions were issued especially keeping in mind the practice of young men marrying girls under 18 years among tribal communities in hilly areas. The circular comes after a consultation meeting with various stakeholders on the POCSO Act's implementation, held by the Madras High Court's Juvenile Justice Committee and POCSO Committee.
The circular dated December 3, addressed to all District Superintendents and Police Commissioners, instructed the police to first issue a notice under Section 41A of the Code Of Criminal Procedure (CrPC) for inquiry in cases of mutual relationships. It asked Investigating Officers to arrest the accused only with permission from the Deputy Commissioner of Police (DCP) or Superintendent of Police (SP). Otherwise, it asked them to record in the case diary why the accused was not arrested.
Explaining the reasons to take a cautionary approach in the case of mutual relationships, the circular points out that nearly 60% of POCSO Act cases relate to mutual romantic relationships. In such cases, men are often arrested and prosecuted owing to the stringent provisions of the POCSO Act, it said. This happens more often among youths from tribal communities in hilly areas, it notes, where it is not taboo for young men to marry girls under 18 years. This discourages pregnant girls from tribal communities from availing of maternal healthcare and having a safe pregnancy, as they’re likely to be reported to the police who then arrest the husband in a POCSO Act case.
The circular also mentioned the recent case of a 17-year-old boy in Cuddalore district tying a thali (mangalsutra or wedding knot) around a 16-year-old female friend’s neck. A criminal case was registered against the boy, and the girl was sent to a children's home, causing embarrassment to their families and stigmatising the youngsters for a “playful act.”
“In several Adivasi and tribal cultures, it is not a taboo for a male to marry a girl who is less than 18 years of age. The state is encouraging the tribals to use the facilities in government hospitals for delivery for good reasons. When a 17-year-old tribal wife goes for delivery to a government hospital, information is sent to the police, a case under the POCSO Act is registered against her husband and he is arrested. If this continues, tribal women will not go for delivery to hospitals and would instead, avail the services of tribal midwives. That apart, Adivasis and tribals will get more and more alienated from the mainstream society, which is not conducive for the state,” the circular noted.
The circular also pointed out that most cases involving mutual relationships eventually end in acquittal — either because the survivor marries the accused, or the survivor turns hostile. The DGP also called for an amendment to the POCSO Act to discern such cases, stating that criminalising young men who may have been in mutual relationships can have a negative effect on their life and career.
The circular further mentioned that Investigating Officers often file positive chargesheets in POCSO cases incriminating the accused even if the truth is otherwise, out of pressure from senior officers. As a resolution, it was directed that the DGP should issue a circular to supervisory officers to monitor the progress of each POCSO case, put a check on delay and countersign in the case diary whenever certain important decisions are taken, especially while filing a negative chargesheet, so that the Investigating Officers conduct the investigation in a free and fair manner.