Institute of Legal and Management Studies

The Supreme Court sought a response from the Uttar Pradesh Government about the inclusion of Sex Education in the school curriculum in the higher secondary schools of the state.

The bench comprising Justices Sanjay Kumar and SC Sharma said :

“We are of the opinion that an additional counter affidavit/reply would be required to enable the State to inform us as to whether sex education is provided as a part of the curriculum in higher secondary schools within the State of Uttar Pradesh, so that young adolescents are made aware of the hormonal changes that come with puberty and the consequences that may flow therefrom.”

The Court was hearing the appeal filed by a Juvenile challenging the Allahabad High Court's decision, which dismissed his revision petition against rejection of his bail application in connection with a case where an FIR under Sections 376 (rape), 506 (criminal intimidation) IPC & Section 6 POCSO Act was lodged against him after it was discovered that the victim was found to be having pregnancy of 2½ months.

The trial court decision to deny bail was affirmed by the District Court, following which a revision was preferred before the High Court.

The Appellant-Juvenile argued that the relationship was consensual; however the High Court, noting that the consent of a minor is irrelevant for POCSO cases, dismissed the revision, prompting him to appeal before the Supreme Court.

At the outset, the Court was informed that the State had filed a counter-affidavit. However, the Court directed the State to file an additional counter-affidavit detailing the status of incorporating sex education into the higher secondary school curriculum, in order to ascertain whether young adolescents are made aware of the fundamental aspects of sex education so as to deter such inappropriate activities.

The matter is listed next on Sep. 10, 2025.

Cause Title: JUVENILE X VERSUS THE STATE OF U.P., SLP (Crl.) No. 10915/2025

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