SHILLONG: Instances of under-age couples tying the nuptial knot and getting tangled under the Protection of Children from Sexual Offences (POCSO) Act are on the rise, particularly in rural Meghalaya.
Reports say that there are even cases of the young husband getting arrested on charges of “raping his minor wife” (below 18 years of age) under the POCSO Act after she conceives.
Such a predicament for genuine young couples is unfortunate and only underlines the importance of creating massive awareness about the Act among young men and women as well as the ill-effects of settling down very early.
The POCSO Act, 2012 is a comprehensive law to provide for the protection of children from the offences of sexual assault, sexual harassment and pornography, while safeguarding the interests of the child at every stage of the judicial process by incorporating child-friendly mechanisms for reporting, recording of evidence, investigation and speedy trial of offences through designated special courts.
In the year 2014, 48 cases were registered in the state under the POCSO Act while the number increased to 118 in 2015, 151 in 2016 and 242 in 2017.
In 2018, 262 POCSO cases were registered, while last year, 280 cases were registered under the Act.
Though there are many genuine cases where POCSO becomes handy to act against the perpetrators, yet there are many under-age genuine couples for whom the Act becomes a nightmare.
A city-based lawyer said that she is dealing with an interesting POCSO case where a young married woman from a remote area of the state delivered a baby in one of the hospitals here.
“The boy is 21 years old and the girl is just 17. So after she was brought to the hospital to deliver the baby, the hospital staff informed the police who registered a suo motu case and the husband was arrested,” the lawyer said.
“Now the husband has to come to court for hearing, and at times, the wife and children also accompany him. I feel sad as they are poor people but have to spend money for the case,” she said.
On the other hand, a senior police official said there “is a need to create massive awareness about the POCSO Act in the rural areas as many people in the villages are not aware of it. Young couples get married early in the rural areas and have sexual intercourse.”
There is one more instance of an under-age couple from an undisclosed village who ran away over fear of being arrested and returned to the hamlet only after turning 18.
However, while POCSO has its own challenges, it does not mean that rape cases are on the decline in the state.
In the past decade, more than 1300 rape cases have been reported in the state along with several cases of assault on women with the intent to outrage her modesty.
A police official, while sharing his views about rape cases in the state, said that the state first of all needed a facility for DNA analysis as the samples were sent outside the state which delays the investigation and it involves logistical expenses.
Stating that in most of the rape and POCSO cases, it is the close relative or known persons who commit the crime and the family does not file the FIR immediately. As a result, the physical evidence about the crime gets lost, the official said.
Admitting that there is a shortage of manpower as sub inspectors have to look after other crime cases besides carrying out law and order duties, the official said that police personnel and health workers need to be sensitised as well though training to ensure that there is no delay in medical examination of the victim.
The chairperson of State Women’s Commission, Theilin Phanbuh too said the situation as far as rape of women and children in the state is not good and police need to be more proactive in stopping these crimes.
Seeking cooperation of the Dorbar Shnong and other institutions, she informed that the Commission has also conducted several awareness programmes in this regard.