- The Supreme Court flagged misuse of POCSO Act in teen sexual relationship cases involving elopement
- Parents often use criminal cases under POCSO to protect family honour when teens elope
- The court questioned if consensual teen relationships truly amount to POCSO offences
The Supreme Court has again flagged the misuse of the Protection of Children from Sexual Offences or POCSO Act in cases involving teenagers in sexual relationships. A bench of Justices BV Nagarathna and R Mahadevan said parents often use criminal proceedings to protect their so-called "honour" when teenaged girls run away with their partners.
"How does the state prevent the elopement of a girl and a boy? POCSO is sexual assault and exploitation of children. 15-18 is a vulnerable age, an age of experimentation. The question is, does it really become a POCSO case?" the Supreme Court said.
The court was hearing a suo motu case concerning the right to privacy of adolescents. The case had been initiated in the wake of a Calcutta High Court ruling that called for adolescent girls to "control" their sexual urges instead of getting entangled in relationships and "giving in to two minutes of pleasure."
The high court judgment was later set aside by the Supreme Court.
Today, senior lawyer Madhavi Divan informed the Supreme Court about the current status of the case that sparked the Calcutta High Court's controversial judgment. "This was regarding the elopement of a minor with a 25-year-old man. The individual matter was sorted out. Broadly there was closure. There was a committee appointed by the court. There were social workers who interacted with the girl. A strong report was filed regarding the failure of the system in POCSO matters," the senior lawyer said.
Divan added minors are entitled to certain rehabilitation measures under the POCSO Act. When the Supreme Court asked whether it was a case of elopement or kidnapping, Diwan said the girl wanted to be with the man and had a child with him.
The court then made a general observation about the misuse of the POCSO Act. "16-18 they develop a relationship and go away. Parents to protect their honour fasten criminal liability. We have to acquit," the Supreme Court said.
Divan said a system to prevent such issues was indeed needed. "The girl has already settled with her husband and she is happy. The wider issue is adopting measures for adolescent well-being and child protection," she said.
Divan pointed to cases where those who are 17-18 are sent to jail. "There needs to be sensitisation at a younger level. The government has put in comprehensive suggestions. It needs to be put to its logical conclusion," she said.
The Supreme Court said such relationships involving teenagers were taking place before the age of consent was increased from 16 to 18 in 2012. "It's not just after 2012 that it has been happening. It had been happening earlier too, like child marriages. When the age becomes 18, it becomes illegal," the Supreme Court said, adding its directions in such cases must remain practical.
The central government's lawyer said that if its recommendations are accepted, they can be implemented on ground across states and Union Territories. "One is qua adolescent education, POCSO awareness to be introduced in a graded approach from Class 6 onwards," the lawyer said. Divan added there should be a dashboard for monitoring of cases under the POCSO Act.
The Supreme Court said each high court already has a committee for child rights and such monitoring can be done by state governments as well. It did not agree with a submission seeking monitoring by the Union government.
"It is already being monitored by the high courts. Why do you want the Union to do it?" the Supreme Court said. It will hear the matter next on July 17.
