Gender Bias: Why only boys held in dating cases, asks High Court

Gender Bias in Dating Cases Questioned by High CourtThe Nainital High Court Takes a Stand Against Discriminatory Arrests.

In a recent development, the Nainital High Court has brought attention to a Public Interest Litigation (PIL) that raises concerns about the differential treatment of minor boys and girls in dating-related arrests highlighting the selective arrest of only boys when catching minor couples dating, while the girls are let off. This issue was spotlighted during a hearing where it was disclosed that currently, 20 minors are detained in Haldwani jail under similar circumstances.

 Overview of the PIL:-

The PIL, filed by Advocate Manisha Bhandari, asserts that there exists a prejudicial practice where only boys are arrested when minor couples are apprehended for dating, while the girls involved are often released without charges. This disparity, as highlighted by the division bench comprising Chief Justice Ritu Bahri and Justice Rakesh Thapliyal, was the subject of deliberation during a hearing.

 Judicial Response and Governmental Obligation:-

Responding to the PIL, the Uttarakhand High Court has taken a significant stride forward by agreeing to hear the case. The court has issued notices to both the Central and state governments to provide explanations regarding the disproportionate treatment of minors in such incidents. This step underscores the court's commitment to addressing gender bias and ensuring equitable treatment under the law.

Advocate's Perspective on Legal Framework:-

Advocate Manisha Bhandari, who filed the PIL, emphasized the nuances of the Juvenile Justice Act during discussions with media outlets. According to her interpretation, the Act mandates that minors between 16 and 18 years old should not be automatically treated as adults. Instead, a juvenile justice board must assess whether the minor comprehends the gravity of their actions.

 Looking Ahead:-

The court's decision to intervene in this matter marks a pivotal moment in addressing longstanding gender biases prevalent in the handling of dating cases involving minors. Advocate Bhandari expressed optimism that the court's scrutiny will lead to reforms that rectify the current disparities and ensure fair treatment for all juveniles involved in such cases.

In conclusion, the PIL filed before the Nainital High Court serves as a crucial step towards rectifying the gender bias observed in the treatment of minors involved in dating cases. As the legal proceedings unfold, there is hope that these efforts will bring about substantial changes in the juvenile justice system, promoting fairness and justice for all.

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