Why in News: The Supreme Court, in Re: Right to Privacy of Adolescents (May 2025), chose not to sentence a man convicted under POCSO, considering the victim’s wishes and systemic failures.
Key Highlights of the Case
Background: A 14-year-old girl from rural Bengal eloped with a 25-year-old man. Her mother filed a complaint, leading to his prosecution under POCSO and other laws. They later married and had a child.
Initial Conviction: A special POCSO court sentenced the man to 20 years in prison.
High Court Appeal: Calcutta High Court reversed the conviction, citing socio-economic realities, but made sexist and regressive remarks about adolescent girls.
Supreme Court Suo Motu Action: Reacted to public outrage over those remarks and restored the conviction, rejecting concepts like “non-exploitative” sex with minors and “older adolescents” — despite their recognition in international law.
Final Verdict : After an expert committee report and direct interaction with the woman (now an adult), the Court chose not to sentence the man, citing the woman’s suffering and desire to reunite with her partner.
Core Issues Raised
- Consent vs. Criminality: The law considers anyone under 18 incapable of giving valid consent. The Court reinforced this view, ignoring nuanced realities like adolescent agency and socio-cultural context.
- Systemic Failure: The Supreme Court acknowledged a complete failure of the legal and social system, pointing to the trauma caused not by the relationship but by institutional actions — family abandonment, stigma, and harsh legal procedures.
- Data Reality: Studies reveal that a large share of POCSO cases (over 24%) involve consensual relationships among adolescents, especially those over 16. Many victims refuse to testify against their partners.
Issues related to criminalisation of consensual relationships between adolescents
1. Criminalisation of Adolescents’ Agency
- Adolescent boys are treated as offenders, sometimes tried as adults.
- Adolescent girls are portrayed solely as victims, stripping them of voice and autonomy.
- The law overlooks adolescents’ bodily integrity, sexual development, and right to make informed choices.
2. Violation of Fundamental Rights
- Criminalisation infringes on adolescents’ right to life, privacy, and dignity (Article 21).
- It denies them recognition of their sexual and reproductive rights, especially between those aged 16–18.
3. Hindrance to Health Rights
- Mandatory reporting under POCSO deters access to medical services, including contraception and safe abortions.
- Pushes girls toward unsafe, unregulated abortions and away from healthcare systems.
4. Developmental and Social Harm- Legal proceedings adversely impact adolescents:
- Education
- Employment prospects
- Self-esteem and social standing
- Family relationships
5. Misuse for Social Control
- Frequently used by parents to punish inter-caste/inter-faith or elopement cases, under the guise of protecting honour.
- Reinforces patriarchal and caste-based control over adolescent girls’ choices.
6. Diversion of Justice System Resources
- Non-exploitative, consensual cases divert time, personnel, and court bandwidth from serious sexual offences.
- These cases overburden investigators, courts, and child protection bodies.
7. Judicial Backlog and Acquittal Trends- (According to NCRB’s Crime in India Report, 2021):
- 92.6% of POCSO cases were pending disposal.
- High acquittal rate in consensual relationship cases: 93.8%
Arguments for Decriminalisation
1. Adolescent Relationships as Developmental Milestones
- Madras HC in Vijayalakshmi vs State Rep (2021) highlighted that: “adolescent romance is an important developmental marker for adolescents’ self‑identity, functioning and capacity for intimacy”
2. Recognition in International Human Rights Law
- UN Committee on the Rights of the Child’s General Comment No. 20 (2016) urges: “States should avoid criminalizing adolescents of similar ages for factually consensual and non‑exploitative sexual activity”
3. Evolving Capacities Framework
- The CRC emphasizes adolescents’ emerging decision-making ability: Recognises gradual maturation in reasoning and autonomy during adolescence
4. Adolescent Autonomy and Rights- Blanket criminalisation violates:
- Privacy & bodily autonomy (Right to life and dignity under Article 21)
- Adolescents’ right to be heard and recognized as evolving individuals
5. Reducing Stigma & Legal Harm- Criminal prosecutions damage:
- Mental health, education, self-esteem, social relationships, family life
6. Avoiding Legal Paternalism
- Parents often invoke POCSO to control adolescent relationships under the pretext of honour, limiting youth agency
Way Forward:
Legal Reform
- Amend POCSO and IPC to decriminalise consensual acts between adolescents aged 16–18.
- Protect this age group from non-consensual acts, especially involving coercion, fear, intoxication, or authority figures.
Recognise Evolving Consent
- Allow adolescents aged 16–18 to give valid consent, in line with their bodily autonomy and dignity under Article 21 of the Constitution.
- Prevent misuse of law for moral policing or honour-based control.
Comprehensive Sexuality Education (CSE)
- Strengthen CSE to build informed decision-making, interpersonal skills, and awareness of rights and health.
- Include vulnerable groups like out-of-school youth and children with disabilities.
Discretion in Implementation
- Till the law is amended, law enforcement, CWC, and JJBs should use available discretion to prevent arrest, detention, and trauma in consensual cases.
- Align actions with the best interests of the child.
Judicial Sensitivity and Precedent
- Use Article 142 (as in the SC’s May 2025 judgment) to ensure justice tailored to adolescent realities.
- Recognise that blanket criminalisation violates rights to privacy, life, and dignity (Article 21) and undermines adolescents’ sexual development.
Upsc Relevance
Revisiting Adolescent Consent & Criminalisation under POCSO
- GS Paper 2: Highlights challenges in balancing legal protection and adolescent autonomy under governance and judicial reforms.
- GS Paper 1 (Society): Deals with vulnerable sections, gender justice, and social norms.
Practice Mains Question :
Q. The Protection of Children from Sexual Offences (POCSO) Act, while safeguarding children, often criminalises consensual adolescent relationships. Critically examine the implications of this blanket criminalisation and suggest measures to balance legal protection with adolescent autonomy.