SC questions misuse of POCSO in teen relationships
The Supreme Court said the Protection of Children from Sexual Offences Act, 2012 should not be used to criminalise consensual teenage relationships.
AI generated- The Supreme Court questioned whether POCSO should be used against teenagers in voluntary sexual relationships.
- POCSO is a child-protection law intended to address sexual assault and exploitation of children.
- The Supreme Court linked the issue to a suo motu matter on adolescents’ right to privacy.
- The Supreme Court referred to a controversial 2023 Calcutta High Court ruling that had triggered criticism over its remarks on adolescent girls and relationships.
What happened
The Supreme Court questioned the invocation of the Protection of Children from Sexual Offences Act, 2012 in cases involving teenagers engaged in voluntary sexual relationships. The Bench said the Act is designed to address sexual assault and exploitation of children, not consensual relationships as such.
The Court also noted that parents sometimes use criminal proceedings to protect family honour when teenage girls elope with partners. It asked how the state can prevent such elopements and whether relationships between persons aged 15 to 18 automatically attract penal provisions under POCSO.
UPSC can test how courts balance child-protection law with adolescent privacy and consensual relationships, especially when family honour and social morality are invoked.
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