In a significant move to enforce parental responsibility, police in Uttar Pradesh's Budaun district arrested four women under preventive sections of the new Bharatiya Nyaya Sanhita (BNS). The action came after their sons, all aged below 13, were accused of repeatedly harassing a girl from their village.
Details of the Incident and Police Action
The incident revolves around a Class 8 student who was allegedly subjected to lewd remarks by a group of boys for several days. The girl finally informed her father about the harassment on Friday, June 21st. Following this, the family approached the Ushait police station on Wednesday, June 26th, and filed a formal First Information Report (FIR).
The FIR was registered under relevant sections of the Bharatiya Nyaya Sanhita (BNS) and the Protection of Children from Sexual Offences (Pocso) Act. Since the accused boys were minors, the police took a novel step by targeting their parents. The four mothers were taken into custody on Friday and later released on personal bonds after being produced before a sub-divisional magistrate.
Police Rationale and Community Impact
Station House Officer (SHO) Ajay Pal Singh explained the rationale behind detaining the mothers. He stated that the juveniles involved did not attend school and were often seen loitering in the area. "The girl and the boys did not know each other personally," Singh told TOI. He emphasized that the action was intended to "send a clear message to parents who do not ensure proper upbringing for their children."
SHO Singh further clarified that this was a method of punishing parents who fail to instil good values or 'acche sanskar' in their children. He also revealed that the fathers of the four boys, who are currently working outside Uttar Pradesh, would face arrest upon their return. The police hope this stringent action will deter similar behaviour among other children in the village.
Legal Scrutiny and Broader Implications
This use of preventive detention clauses under the BNS has sparked debate among legal experts. The BNS allows police to act to maintain public order or prevent anticipated offences. However, applying these provisions against parents of minors, without prior warnings or proven wilful negligence, is considered rare and potentially contestable in court.
Meanwhile, the Pocso Act primarily outlines procedures to protect children from sexual offences. It does not criminalize guardians unless specific negligence or abetment is conclusively proven. This case highlights a growing trend by authorities to hold parents accountable for the actions of their underage children, especially in cases of harassment and bullying.
The police action in Budaun underscores a hardline approach to juvenile delinquency by targeting parental accountability. While aimed at curbing antisocial behaviour, it also opens up complex legal questions about the limits of preventive law and parental liability in India.
