The Madras High Court has taken a significant step towards ensuring justice and protection for minors involved in consensual relationships. A special bench, comprising Justices Anand Venkatesh and Sunder Mohan, has directed the Tamil Nadu Director General of Police (DGP) to identify pending criminal cases against minor boys who entered into consensual sexual relations with minor girls. The court aims to review these cases to quash proceedings that may be against the best interests of the minors or involve an abuse of the legal process.
The court expressed concern over the treatment of boys and girls in such cases, noting that while the girls were seen as victims, the boys were mechanically categorized as juveniles in conflict with the law. The judges emphasized the need to ensure fairness and sensitivity towards both genders involved in consensual relationships.
According to the information provided, there are currently 1,274 pending cases against minors throughout the state. The court ordered the identification and segregation of cases involving consensual relationships to facilitate proper examination and potential quashing of proceedings that may be detrimental to the future of the children involved.
The Madras High Court's interim order was issued in response to a habeas corpus petition filed by the family of a minor girl from Cuddalore district. The case involved the elopement of the girl with a minor boy, as the family had attempted to arrange a marriage for her against her wishes. While the court quashed all proceedings in this specific case, it also highlighted the broader issue of differential treatment and the lack of sensitivity displayed by the authorities in similar cases.
The court emphasized the necessity of conducting sensitization programs for the Child Welfare Committees (CWCs) and the Juvenile Justice Boards. It called for the involvement of the Legal Services Authority and the State Judicial Academy to conduct these programs and raise awareness among stakeholders about the rights and protection of minors involved in such cases.
Additionally, the court addressed the outdated practices of conducting the two-finger test on victims of sexual offences and the collection of sperm for potency tests. It directed the police to develop a standard operating procedure (SOP) to conduct potency tests using blood samples instead of invasive methods. The court sought to discontinue the archaic practices and adopt advanced techniques in line with international standards.
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