Supreme Court Flags Misuse of POCSO Act in Teenage Romantic Cases
The Supreme Court on Monday questioned the application of the Protection of Children from Sexual Offences (POCSO) Act to voluntary sexual relationships between teenagers. A Bench comprising Justices B.V. Nagarathna and R. Mahadevan observed that parents often resort to criminal proceedings to protect family 'honour' when teenage girls elope with their partners.
'How can the state prevent the elopement of a girl and a boy? POCSO concerns the sexual assault and exploitation of children,' the court remarked. The Bench noted that adolescence is a period of vulnerability and experimentation, and asked whether relationships between individuals aged 15-18 should automatically attract POCSO provisions.
The observations came during a suo motu hearing on the right to privacy of adolescents. The case was initiated after a controversial 2023 Calcutta High Court ruling that urged adolescent girls to 'control' their sexual urges. The Supreme Court set aside that ruling in 2024 and issued a series of directions.
The court emphasised that the POCSO Act was designed to protect children from sexual abuse and exploitation, not to criminalise consensual teenage relationships. The bench expressed concern over the weaponisation of the law, which often leads to unnecessary incarceration and stigmatisation of young couples.
The hearing is part of ongoing efforts by the Supreme Court to balance the protection of minors with the rights and autonomy of adolescents. The final judgment is expected to provide guidance on how such cases should be handled by law enforcement and the judiciary.
