SC on Pocso misuse: How can state prevent elopement of girl & boy?
The Supreme Court questioned the Pocso Act's use in consensual teenage relationships. Justices noted parents often file cases to protect family honor after elopements. The court considered adolescent experimentation and the definition of sexual as...
‘Pocso is sexual assault and exploitation of children. 15-18 is a vulnerable age of adolescent experimentation. Question is, does it really become a Pocso case?’
New Delhi: The Supreme Court on Monday questioned the rationale behind invoking the Protection of Children from Sexual Offences Act, 2012 (Pocso Act) in cases involving voluntary relationships between teenagers.
A bench of justices BV Nagarathna and R Mahadevan observed that parents often resort to filing criminal cases to protect their so-called "honour" when teenage girls elope with their partners.
"How does the state prevent the elopement of a girl and a boy? Pocso is sexual assault and exploitation of children. 15-18 is a vulnerable age of adolescent experimentation. Question is, does it really become a Pocso case?" the bench orally remarked.
The observations came during the hearing of a suo motu case pertaining to the right to privacy of adolescents. The suo motu was launched following a Calcutta High Court judgement in December 2023, which had said adolescent girls should "control" their sexual urges instead of getting entangled in relationships and "giving in to two minutes of pleasure". The SC had set aside that judgement in August 2024.
‘Pocso is sexual assault and exploitation of children. 15-18 is a vulnerable age of adolescent experimentation. Question is, does it really become a Pocso case?’On Monday, senior advocate Madhavi Divan apprised the bench about the current status of the case that had triggered the Calcutta HC's controversial judgement. She informed the bench that the matter involved the elopement of a minor with a 25-year-old man and has since been resolved. Divan added that minors are entitled to certain rehabilitation measures under the Pocso Act.
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The bench enquired whether it was a case of elopement or kidnapping. Divan said the victim wanted to be with the man and had a child with him. The bench verbally remarked that teenagers develop relationships at the age of 16-18 years. "Parents fasten criminal liability to protect their honour. We have to acquit," the bench observed orally.
Divan submitted that a system to prevent such issues was needed. "The girl has already settled with her husband and she is happy. The wider issue is adopting measures for adolescent well-being and child protection," she said. Referring to cases where 17-18-year-olds are sent to jail, Divan added that the Centre has put in comprehensive suggestions that need to be taken to their logical conclusion.
The bench said such relationships existed even before the age of consent was raised from 16 to 18 years in 2012. "It's not just after 2012 that this is happening. It has been happening; child marriages were there earlier also. When the age became 18, it became illegal," the bench observed. It added that any directions in such cases must remain practical.
Counsel appearing for the central government submitted that if the Centre's recommendations are accepted, they can be implemented on the ground across states and Union Territories. The court remarked that every high court already has a committee on child rights and state governments can also undertake such monitoring.
