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25 May 2025, 04:05 AM
The Supreme Court has sought the views of the Central Government on the suggestions made by amici curiae on reforms in the sex education policy and real-time tracking and data collection of cases under the Protection of Children from Sexual Offences (POCSO) Act, 2012.
A bench comprising Justice Abhay S Oka and Justice Ujjal Bhuyan was considering a peculiar case - relating to the conviction of a man under the POCSO- where the victim girl did not want the man to get punished, as she did not see the act as a "crime". Also, she (after attaining majority) was now married to the convict and a child was born to them. The victim, therefore, did not want the man to be sentenced, as it would now break her family.
Amici curiae suggests not sentencing the accused
Although, on facts, the Court restored the conviction, regarding sentence, it adopted a different approach, considering the situation of the victim. The amici curiae appointed by the Court, Senior Advocates Madhavi Divan and Liz Mathew, informed the Court that the Delhi High Court in Ajay Kumar v. State (NCT of Delhi) and the Madras High Court in Vijayalakshmi v. State have interpreted the statement of objects and reasons of the POCSO Act as not intending to criminalize consensual romantic relationships between adolescents. The Madras High Court, in several cases has adopted a legal interpretation that consensual acts do not fulfil the requirement of 'assault' in the offence of 'penetrative sexual assault.' The Calcutta High Court in Ranjit Rajbanshi v. State of West Bengal, held that the POCSO Act defines “penetration” as a unilateral act by the accused, and therefore in cases of consensual intercourse, the act of penetration may not solely be attributed to the accused. Various High Courts have also considered the impact such prosecution has on the victim and have proceeded to quash the proceeding if pursuing the case would harm the victim
The amici curiae submitted that the rigid application of POCOS Act in cases of adolescent relationships can lead to outcomes that may not align with the best interests of the prosecutrix and her dependents.
Broader suggestions made by amici cruiae
They also made suggestions to promote to the overall adolescent well-being and comprehensive sexuality education. They highlighted that the UNESCO, The Journey Towards Comprehensive Sexuality Education: Global Status Report (2021) points out that in India, education policies on life-skills-based HIV and sexuality education is at the secondary education-level only. In light of this, they advocated for comprehensive sex education in India, stating that without systematic policy reforms, improved teacher training, and a more inclusive curriculum, India will continue to struggle in addressing rising adolescent health issues, misinformation, and the stigma surrounding sexual and reproductive health education.
Further, they made suggestions for implementing a data collection mechanism for improving institutional accountability. They submitted that to ensure effective policy making, real-time accountability, and targeted interventions, it is crucial to establish a structured data collection mechanism at the state level. By collecting real-time data on key indicators—including sex education implementation, counselling services, POCSO case tracking, and child marriage monitoring—governments can enhance transparency and responsiveness in tackling these critical issues. Further, they submitted that integrating this data into a real-time dashboard will provide a publicly accessible, transparent mechanism for monitoring progress, holding institutions accountable, and making informed policy decisions.
The Court, considering the peculiar facts and circumstances of the case, refrained from sentencing the convict, invoking its special powers under Article 142 of the Constitution.
The Court also said that it cannot leave the case at that and has to take forward the suggestions made by the amici curiae. Therefore, it issued notice to the Union of India through the Secretary of the Ministry of Women and Child Development. Immediately on service of notice, the Secretary of the Ministry of Women and Child Development was directed to appoint a Committee of experts to deal with the suggestions of the amici curiae. Senior officers of the State shall be a part of the Committee.
The Committee was directed to submit a detailed report by July 25 to the Court.
The Law Commission of India has also suggested amendments to the POCSO Act to prevent the imprisonment of adolescents.
Background
The proceedings arose from a suo motu case which the Supreme Court initiated following controversial observations made by the Calcutta High Court while acquitting a 25-year-old man convicted under the POCSO Act for engaging in sexual activity with a minor girl. The High Court made remarks regarding adolescent sexuality, stating that female adolescents should control their sexual urges, among other directions addressed to adolescent boys and girls.
On 20 August 2024, the Supreme Court set aside the High Court's judgment. The Court restored the conviction of the accused under Section 6 of the POCSO Act and Sections 376(3) and 376(2)(n) of the IPC, while confirming his acquittal under Sections 363 and 366 IPC.
The Court issued guidelines on judgment writing had been issued and that the High Court's remarks were not only objectionable and unwarranted but also violative of Article 21 of the Constitution. The State of West Bengal has also filed an appeal challenging the High Court's judgment.
In its judgment, the Supreme Court issued various directions to ensure State compliance with Section 19(6) of the POCSO Act and Sections 30 to 43 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act).
However, even after restoring the conviction, the Court decided to explore the fact situation more carefully before deciding upon the sentence.
The Court directed the West Bengal Government to constitute a three-member expert committee, including a clinical psychologist and a social scientist, with assistance from institutions like NIMHANS or TISS, and a child welfare officer as coordinator and secretary.
The Committee had to inform the victim about available benefits from the State and the Union Government, and to assist her in making an informed decision about her future, including whether to continue residing with the accused. The Court instructed that the Committee's report, preliminary or final, be submitted in a sealed cover, based on which, the matter would be taken up again to decide on sentencing.
The Court further directed that its judgment be forwarded to Law and Justice Departments across all States and Union Territories to convene meetings with relevant authorities to ensure strict implementation of Section 19(6) of the POCSO Act and relevant JJ Act provisions. They also had to consider framing Rules to implement Section 46 of the JJ Act and submit compliance reports to the Ministry of Women and Child Development, which was to compile and submit a final report to the Court.
On 24 October 2024, the Court recorded the State's assurance to provide quality education to the victim's child. On 3 April 2025, after interacting with members of the Committee of Experts and hearing the victim, the Court observed that she needed financial help. It stated that after the victim completes her 10th Board exams, the possibility of vocational training or part-time employment should be explored with the help of the West Bengal State Legal Services Authority.
Case no. – SMW(C) No. 3/2023
Case Title – In Re: Right To Privacy Of Adolescents
Citation : 2025 LiveLaw (SC) 617