The Supreme Court on Monday questioned the invocation of the Protection of Children from Sexual Offences (POCSO) Act, 2012 in cases involving consensual relationships between teenagers, observing that parents often resort to criminal proceedings to preserve their “honour” when adolescents elope.
The Bench of Justice BV Nagarathna and Justice R Mahadevan made the observations while hearing a suo motu case on adolescents’ right to privacy, initiated following a controversial Calcutta High Court judgment that had advised teenage girls to “control” their sexual urges. That judgment was subsequently set aside by the apex court.
The Court observed that adolescence, particularly between the ages of 15 and 18, is a period of emotional and psychological development, raising the question whether every consensual relationship involving teenagers should attract prosecution under the POCSO Act.
The Court raised critical queries regarding the statutory invocation of the law, observing that while the fundamental objective of the POCSO Act is to combat the sexual assault and exploitation of minors, it must be evaluated whether every such incident genuinely falls within its legal ambit.
Senior Advocate Madhavi Divan informed the Court that the case which prompted the suo motu proceedings involved a minor who had voluntarily eloped with a 25-year-old man, later married him and had a child. She said a committee appointed by the Court had highlighted systemic shortcomings in the implementation of the POCSO Act and stressed the need for measures promoting adolescent well-being.
The Bench observed that in many cases involving 16 to 18-year-olds, consensual relationships are criminalised after parents’ lodge complaints, compelling courts to eventually acquit the accused.
The Union government submitted that it has proposed comprehensive reforms, including age-appropriate adolescent education and graded POCSO awareness programmes from Class VI onwards. Divan also suggested creating a dashboard to monitor POCSO cases. However, the Court noted that such oversight is already undertaken by High Courts and State authorities and expressed reservations about centralised monitoring by the Union government.
The matter has been listed for further hearing on July 17.
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