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.

Background and earlier position

The observations were made in a suo motu matter concerning adolescents’ right to privacy. The Bench referred to a controversial 2023 Calcutta High Court decision that had sparked criticism for suggesting that adolescent girls should control sexual urges rather than enter relationships.

Why the issue matters