Memorandum submitted
Source: The Sangai Express
Imphal, June 23 2018:
Juvenile Justice Board, Imphal East District's Member Athokpam Chinglemba Luwang has submitted a memorandum to the Chief Minister seeking enaction of necessary laws to control elopement cases in the State, Speaking to media persons after he submitted the memorandum to the Chief Minister Secretariat, he explained that the memorandum contended that the application of the POCSO Act, 2012 to child elopement cases is unconstitutional and criminalizes the boys and as such is discrimination based on sex.
He went on to state that all the cases of child elopement are taken up by applying POCSO Act both during the investigation and inquiry, in which boys are often always criminalized.
He said only the boys are accused and the girls are set free even though, under some circumstances, they may have engaged in consensual sex.
Investigation and enquiry are proceeded against the boys and the girls are segregated as victims under this Act.
So, the application of POCSO Act to child elopement cases is discriminatory based on sex and unconstitutional, he added.
He further pointed out that the Principle of equality and nondiscrimination, Article 15(1) and Article (14) of the Indian Constitution are violated when POCSO Act 2012 is applied to the elopement case while adding that the said Act favours only the girls.