The Supreme Court has expressed serious concern over the alleged misuse of the POCSO Act in cases involving consensual relationships between teenagers. On Monday, the court observed that when a boy and a girl are in a relationship and elope together, every such case should not automatically be treated as a POCSO offence.
A bench of Justices BV Nagarathna and R Mahadevan asked during the hearing, “How can the state prevent a boy and a girl from eloping?” The court noted that the age group of 15 to 18 years is a sensitive phase when adolescents tend to experiment, explore new experiences and develop emotional understanding.
The bench observed that in many cases, when teenage girls leave home of their own free will with their partners, families file criminal complaints against the boy to protect their so-called honour. It added that such cases often end with the accused being acquitted.
Many teenagers end up in jail despite consensual relationships: Supreme Court
The Supreme Court made these observations while hearing a suo motu case related to the privacy rights of adolescents. The matter arose in 2023 after the Calcutta High Court made controversial remarks advising teenage girls to control their sexual urges instead of entering into relationships. The Supreme Court later set aside that judgment.
Senior Advocate Madhavi Divan informed the court that the original case involved a minor girl who had eloped with a 25-year-old man. She said the woman later chose to live with him, the couple now has a child, and she is happy in her married life.
She argued that an effective mechanism should be put in place to prevent misuse of the POCSO Act in such cases, as many teenagers end up in jail despite being involved in consensual relationships.
Centre suggests creating a national dashboard
Representing the Centre, counsel informed the court that certain recommendations have been prepared and, if accepted, could be implemented across states and Union Territories. Senior Advocate Madhavi Divan also proposed the creation of a national dashboard to monitor POCSO cases.
The Supreme Court observed that every High Court already has committees dealing with child rights and said state governments can also effectively monitor such cases. The matter has been listed for further hearing on July 17.
