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May

Is diluting POCSO for adolescents an option?

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Amitabh Srivastava

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New Delhi | Friday | 30 May 2025

Should the stringent POCSO (Protection of Children from Sexual Offences Act) be held in abeyance when the victim herself wants it to be removed?

Last week the Supreme Court of India came out with a judgment that has sparked off nationwide debate among the legal and NGO fraternity dealing with children and sexual offences.

The matter relates to a case of West Bengal where a girl who was 13/14 in 2018 left her home and started living with a boy who was 25. The mother went to the house of the accused to bring get back but she refused.

On the complaint of the mother the boy was charged under various sections of POCSO which had been formed in 2012.

Meanwhile the girl gave birth to a girl child but the girl's mother refused to acknowledge her and did  not even visit her daughter and grand daughter.

To cut the matter short which has been to various courts and police stations resulted in the boy being charged under very serious sections and sentenced to 20 years in jail.The girl on the other hand has been not only been looking after her child but fighting to get her husband released. In other words the victim has no complaint against the man who and whose family have been taking of her child while her own biological family has totally abandoned her.

Taking cognisance of this case a bench of Justice Abhay S Oka and Justice Ujjal Bhuyan appointed two senior advocates Liz Mathew and Madhavj Divan as amicus curie to help the Court take a decision.

 

Article at a Glance
The recent Supreme Court of India ruling regarding the Protection of Children from Sexual Offences Act (POCSO) has ignited a nationwide debate. The case involves a 13/14-year-old girl from West Bengal who left home to live with a 25-year-old man, resulting in the man being charged under POCSO after the girl's mother filed a complaint. Despite giving birth to a child and caring for her, the girl has fought for her partner's release, expressing no complaints against him. The court appointed senior advocates to assess the situation, who suggested treating the relationship as consensual due to the adolescents' biological urges. They also recommended introducing sex education in schools to inform children about their bodies and responsibilities. However, critics argue that this could undermine the law's intent and lead to increased exploitation of minors. The discussion highlights the need for a balanced approach to adolescent relationships and education.

 

The two advocates after a study suggested that the matter should be dealt as consensual as a  relationship because it involved adolescents whose biological needs and hormones urge them to indulge in physical activities that may be called criminal in an adult criminal system. They have quoted several judgments in the country where Courts have taken a lenient point of view in such cases where adolescents are involved.

They had also suggested that sex education should be included as part of school curriculum to make children aware of the consequences of their actions and feelings and passion, so to say when they cross the Lakshman Rekha

Supporting their suggestions in this case, the two judges have also suggested that sexual education should be introduced in schools to make children aware of their bodies and their responsibilities.

They have asked the secretary Ministry of Women and Child Development to report to the Court by July 25 after setting up a committee of experts.

Talking to MediaMap, senior Supreme Court Shashank Shekhar blasted the Judgment.

"How can a Court talk about consensual relationship where a minor is involved in the case. Don't  they know about the provisions of the Juvenile Justice Act? And if this stand is accepted it will open floodgates of crime in the country involving teenagers."

Dr Kiran Aggarwal a paediatrician and an activist said,"Its not the first time that teaching sex education in schools has been mooted in the country.I have personally been in this exercise but both the Government and the schools revolt at the mention of teaching sexuality to children. It's not as if we are teaching them the basics of the sex act which the children are already aware through the Internet and their mobiles. Sex education means explaining basics about their body and health issues.But they revolt at the very mention of the word. I don't know how the government will tackle this after the Supreme Court judgment."

Dr Sangeeta Saksena, Co-Founder of the NGO Enfold Proactive Health Trust, speaking from Sydney says,"Enfold has been discussing sexuality and personality since 2001. As many of us know POCSO is often used by parents as a weapon to punish their children when they don't toe their line. At the same time patents by and large don't provide sexuality, education to their children and neither do they want schools to provide it.

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