The Bombay High Court’s Nagpur Bench has ruled that repeatedly expressing love to a minor who has clearly rejected it is considered sexual harassment under the POCSO Act. The court made this statement while deciding a case from Amravati, noting that such behavior is highly inappropriate.
HIGHLIGHTS
- Stalking a minor is equivalent to sexual harassment.
- The court said persistently expressing love is not acceptable.
The Bombay High Court’s Nagpur Bench made an important decision, stating that if a minor clearly refuses advances, and an adult continues to pursue her, it amounts to sexual harassment under the Protection of Children from Sexual Offenses (POCSO) Act.
Comment on the Amravati Case
This case involved a 28-year-old man from Amravati who repeatedly disturbed a 13-year-old schoolgirl by expressing his love and claiming he would love her forever.
What Did the Judge Say?
Justice Govinda Sanap rejected the man’s appeal, emphasizing that the accused’s actions showed harmful intent. The man repeatedly pursued the victim, tried to form a relationship, declared his love, and claimed she would eventually reciprocate his feelings.
Court’s View on the Behavior
The court deemed this behavior unacceptable. It concluded that the evidence provided by the victim was enough to show that the accused harassed her despite her clear refusal. The court stated that the evidence supported the sexual harassment claims under Section 11, Subsection (VI) of the POCSO Act. Justice Sanap highlighted that the accused’s actions clearly indicated his improper intentions.
Details of the Case
The incident occurred between July and August 2017, when the accused, Mituram Dhurve, began following the 13-year-old girl outside her school in Varud, Amravati. He pursued her on his motorcycle when she went to her tuition classes. On August 19, he confronted her, grabbed her hand, expressed his love, and insisted she would accept him one day. The girl resisted, slapped him, and reported the incident to her parents, leading to a police complaint.
