According to the case, advocate Manisha Bhandari had filed a PIL in the High Court saying that in the case of love between minor boys and girls, the boy is always considered guilty. In some of these cases, even when the girl is older, the boy is taken into custody and is made a criminal and put in jail, whereas instead of arresting him, he should be counseled. In such a situation, at the age when he should have been in school or college, he is in jail. In such a case, counseling of boys, girls and family members should be done under the Juvenile Justice Act. In the Indian Penal Code, instead of punishing the criminal children of sixteen to eighteen years, there is a provision to form a board to know their mental condition. On the contrary, under some sections of the POCSO Act, they are sent to jail. This is a matter worth thinking about in itself. It is necessary to consider this. Minors should be counseled instead of being sent to jail directly.
During the hearing, the court came to know that 20 children related to such charges are lodged in Haldwani jail. Taking the matter seriously, the High Court has sought a reply from the central and state government.