New Delhi. The Supreme Court on Monday once again questioned the use of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) in cases involving teenagers involved in sexual relationships. A bench of Justices B.V. Nagarathna and R. Mahadevan said that children between the ages of 15 and 18 enter into consensual relationships and leave home. When these teenage girls elope with their partners, parents often resort to criminal action under the POCSO Act to save their so-called honour.
According to a Bar & Bench report, the court asked how the government could prevent a boy and girl from running away. POCSO deals with the sexual assault and exploitation of children. The age between 15 and 18 is a vulnerable age. This is the age to try new things. The question is, does this really constitute a POCSO case?
What is the whole matter?
The court was hearing a suo motu case involving the right to privacy of adolescents. The case arose after the Calcutta High Court’s decision, which urged teenage girls to “control” their sexual desires rather than getting involved in relationships and “succumbing to two minutes of pleasure.” The Supreme Court later overturned the High Court’s decision. Today, Senior Advocate Madhavi Divan informed the court about the current status of the case that led to the Calcutta High Court’s controversial decision.
Minors have the right to certain rehabilitation measures
Senior lawyer Dewan said, “This case involved a minor girl eloping with a 25-year-old man. That particular case had been resolved. The matter was largely closed. The court had formed a committee. Social workers had spoken to the girl. A robust report was filed on the system’s failures in POCSO cases.” Dewan further stated that under the POCSO Act, minors have the right to certain rehabilitative measures.
A system is needed to prevent this. The court asked whether this was a case of elopement or kidnapping. Dewan said that the victim wanted to live with the man and she also has a child from him. The court then made a general comment about the misuse of the POCSO Act. The court said that at the age of 16-18, they enter into a relationship and elope. The parents file a criminal case to save their honour. We have to acquit them. Meanwhile, Dewan said that a system is needed to prevent such problems.
What did the central government say?
He stated that the girl is already settled and happy with her husband. The larger issue is the welfare of adolescents and the adoption of measures for the safety of children. Dewan also mentioned cases in which 17-18-year-olds are sent to jail. He stated that sensitization is needed at an early age. The central government has made comprehensive suggestions, which need to be implemented to their logical conclusion. The central government informed the court that it proposes to introduce awareness about POCSO and sex education for adolescents in a phased manner, starting in grade 6. This will provide children with better understanding of the law, safety, and their rights.