10-yr-old booked under SC/ST Act

The matter came to light on Friday after the boy,accompanied by his father,tried to meet senior police officers,—including the superintendent of police of Trans-Ganga and the deputy inspector general of police — to plead his innocence.

On November 5,Balram Yadav,a student of Class V at Savita Devi Vidhya Mandir Primary School,entered into a quarrel with a Dalit boy,Jialal,who was of his own age.

The fight was over a petty issue and occurred near a grocery shop in Khargapur village under Holagarh police station. As the boys began a fisticuff,the villagers intervened and settled the matter.

But the next day,Jialal’s father Kishore Lal Pasi lodged an FIR against five persons,including Balram. He also named the 10-year-old as the main accused.

Without verifying facts,the Holagarh police lodged an FIR against Balram under Sections 147 (rioting),323 (causing hurt),504 (insult),506 (criminal intimidation) of the IPC and Section 3(1) of the SC/ST Act.

“The police have been raiding my house and harassing my family,” said Balram’s father Sambhu Lal Yadav. “They threaten to book them if they did not ensure Balram’s arrest. Balram is a minor and the entire case is fabricated,” said Sambhu Lal ,who along with his son,has been running from pillar to post for justice.

Evading arrest,the father and son have been camping out in the city to meet senior police officers and seek court intervention in the matter.

As per Section 83 of the IPC,no FIR can be lodged against a person below eight years of age and no coercive action,including arrest,can be initiated for children below 13 years without proper medical examination,said lawyer Manish Khanna.

“Today,I met the SP of Trans Ganga and produced my son before him. I showed him the birth certificate and the marksheet of the school,but he refused to listen to my request and asked me to meet the circle officer of the area,” said Sambhu Lal. He fears that his son will be arrested if he goes back to his village or meets the circle officer.

Station Officer of Holagarh,Narendra Kumar, said he did not know Balram was a minor. He,however,was quick to add that he would verify facts and initiate action in this regard.