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Home IN THE NEWS CRIME HAS NO GENDER

Kerala High Court Grants Bail To 35-Year-Old Mother Arrested Under POCSO For Raping Minor Son

Team VFMI by Team VFMI
January 5, 2021
in CRIME HAS NO GENDER, IMPACT ON CHILDREN, IN THE NEWS
0
mensdayout.com
READ ORDER | Kissing On Lips & Fondling Not Offence U/s 377 IPC; Bombay HC Grants Bail To POCSO Accused (Representation Image Only)

READ ORDER | Kissing On Lips & Fondling Not Offence U/s 377 IPC; Bombay HC Grants Bail To POCSO Accused (Representation Image Only)

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The incidents like below can be shocking for many but not for a Men’s Rights Portal, which has been questioning the generalisation of ‘Mother’s love as supreme’! Surely, all mothers are not evil, however, in every child custody case, the role of a mother, by default, supersedes the equal importance of a father in a child’s life.

A woman in Kadakkavoor in Kerala’s Thiruvananthapuram district has been arrested under the Protection of Children from Sexual Offences (POCSO) Act for having raped her 14-year-old son.

While reporting the matter, the police said that this was first such incident seen in the state.

Case:

The father had complained to the police that the boy’s mother had been exploiting their son for quite some time.

A Kadakkavoor police station officer told IANS that they had received a petition from the father and forwarded it to the Child Welfare Commission. They found that the 35-year-old woman has exploited her son and police then registered the matter and arrested her.

She was produced before a court which sent her to judicial custody and is now at the woman’s prison at Thiruvananathapuram.

As reported by Kerala Kaumudi, the minor boy said that his mother behaved with him badly during night. At the time of counseling sessions undertaken by the child line workers, the boy expressed that the woman, his own mother, had treated him badly for four long years.

Background

The incident took place when the mother and her four children were staying at the house in Vakkom.

A few days ago, one of the sons, who is 17-year-old, saw something suspicious on his mother’s phone and reported it to his father. His father, who was abroad, returned home and obtained a divorce from the woman.

The father says the child has been abused by his mother since a long time.

After the child opened up to his father, the child was counselled by child line workers and the statement was recorded. The boy gave similar statement of abuse to the child line workers as he did to his father.

The accused mother was arrested after activists filed a complaint against the woman with Kadakkavur police. The woman has been remanded and lodged at Attakulangara women’s jail.

IPC For Rape

Section 375 of the IPC made punishable the act of sex by a man with a woman if it was done against her will or without her consent. The definition of rape also included sex when her consent has been obtained by putting her or any person in whom she is interested, in fear of death or of hurt.

Also, sex with or without her consent, when she is under 18 years is considered rape.

Once again, rape laws in India are not gender neutral. In the case above, the woman has been arrested since the son was a minor. However, if the boy would have attained majority, and even if the woman would have exploited the major boy, there were chances that the boy above 18-years of age would have been booked for rape of the adult woman.

Update as on January 22, 2021

As per a report by The New Indian Express reporter, Kerala High Court has granted bail to the mother in this case.

POCSO CASE AGAINST MOTHER

Kerala High Court grants bail to a 35-year-old woman who was arrested under the Protection of Children from Sexual Offences (Act) for allegedly sexually abusing her minor son.@NewIndianXpress @xpresskerala

— Raam Das (@PRamdas_TNIE) January 22, 2021

ALSO READ –

http://voiceformenindia.com/in-the-law/court-orders-fir-against-mother-under-pocso-for-making-objectionable-video-of-her-own-minor-son/

http://voiceformenindia.com/in-the-news/rape-on-pretext-of-marriage-pocso/

http://voiceformenindia.com/in-the-news/26-year-old-female-teacher-elopes-with-teenager-student-gujarat/

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