Institute of Legal and Management Studies

The Supreme Court today expressed concern about misuse of the Protection of Children from Sexual Offences Act (POCSO Act) in cases of matrimonial disputes and those filed by a girl's family against a boy with whom she elopes.

A bench of Justices BV Nagarathna and R Mahadevan was dealing with a writ petition seeking directions to the Union and Ministry of Education to compulsorily incorporate sex education in school syllabus and sensitize children about anti-rape laws and POCSO Act in India.

In the context of need for public awareness around anti-rape laws, the bench indicated that it will be issuing certain directions. "How to implement sections of the Act with regard to awareness? On the verge of minority, teenagers running away...that is another thing...and POCSO being thrust on the boy by parents of the girl...that's another difficulty" noted Justice Nagarathna.

The judge underlined a need for spreading general awareness among boys and men about the POCSO Act. The matter was adjourned giving a final chance to States/Union Territories to file their counter-affidavits.

In related news, the Supreme Court is considering whether the age of consent under the POCSO Act should be reduced to 16 years so as to exempt consensual romantic affairs between adolescents from criminal consequences. Senior Advocate Indira Jaising (Amicus) has given a suggestion in the matter that the Court read in an exception excluding sexual activity between consenting adolescents between the age of 16 and 18 from the scope of the POCSO Act and relevant laws, in order to decriminalize voluntary adolescent relationships.

In September, 2024, the Supreme Court passed a significant judgment interpreting the POCSO Act to hold that governments have the obligation to impart sex education and create awareness among the general public about the statute. It also underlined the importance of having a sensitive approach towards the victims of POCSO Act offences. "By fostering a compassionate and understanding society, we can help them find their path to recovery and regain a sense of safety, dignity, and hope. This includes changing societal attitudes towards victims, improving legal frameworks to protect them, and ensuring that perpetrators are held accountable," the Court said.

The Delhi High Court and Allahabad High Court also made observations similar to what was expressed today by Justice Nagarathna. A Single Bench of the Delhi High Court noted that POCSO Act was being “misapplied” in cases filed at the behest of girl's family objecting to her “friendship and romantic involvement” with a young boy. The Court observed that in such cases, young boys, who genuinely fell in love with girls just below 18 years of age, were languishing in jails.

Kerala High Court on the other hand flagged misuse of the Act in matrimonial cases. It cautioned police officers as well as Courts to be vigilant against people with ill motivations who misuse the provisions of the Act to settle personal scores.

Case Title: AABAD HARSHAD PONDA Versus UNION OF INDIA AND ORS., W.P.(Crl.) No. 382/2024