SC flags misuse of POCSO in consensual teenage relationship cases

The Supreme Court questioned the misuse of POCSO provisions in consensual teenage relationships, observed that parents often invoke criminal law after elopements, and stressed the need for practical measures balancing adolescent welfare, child protection and legal safeguards

New Delhi: The Supreme Court on Monday asked how the State can prevent the elopement of a boy and a girl in a relationship, flagging the misuse of POCSO provisions against teenagers in voluntary sexual relationships.

A bench of Justices B V Nagarathna and R Mahadevan observed that parents often resort to criminal proceedings to protect their so-called “honour” when teenage girls run away with their partners.

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“How can the State prevent the elopement of a girl and a boy? POCSO is sexual assault and exploitation of children, the court said, adding that 15-18 is a vulnerable age.

“It’s the age of experimentation. The question is, does it really become a POCSO case?” the court said. The top court made the observation while hearing a suo motu case concerning the right to privacy of adolescents.

The case had been initiated in the wake of a Calcutta High Court’s controversial ruling of 2023 that called for adolescent girls to “control” their sexual urges instead of getting entangled in relationships.

The high court verdict was later set aside by the top court in 2024 after a suo motu case was registered on the right to privacy of adolescents and a slew of directions were passed.

Senior advocate Madhavi Divan said the case has its genesis to the elopement of a minor with a 25-year-old man. She submitted that broadly there was a closure in the individual matter after a committee was appointed by the court which interacted with the lady.

“A strong report was filed regarding the failure of the system in POCSO matters,” she submitted, adding that minors are entitled to certain rehabilitation measures under the POCSO Act.

The bench asked her whether it was a case of elopement or kidnapping, to which Divan replied that the alleged victim wanted to be with the man and had a child with him.

The bench then said, “16-18 they develop a relationship and go away. Parents to protect their honour fasten criminal liability. We have to acquit.” Divan submitted that a system was needed to prevent the misuse of the law and pointed out that teenagers in voluntary relationships are sent to jail under POCSO.

“The victim girl has already settled with her husband and she is happy. The wider issue is adopting measures for adolescent well-being and child protection,” she contended while highlighting the need for sensitisation of youths.

The bench posted the matter for further hearing on July 17 and observed that such physical relationships involving teenagers were taking place before the age of consent was increased from 16 to 18 in 2012.

“It’s not that after 2012, these cases are happening. These cases have been happening for long; child marriages were also there. When the age of consent became 18, it became illegal,” the bench said, while emphasising that its directions must remain practical.

The counsel appearing for the Centre submitted that certain recommendations have been made by the Union government and if they are accepted, the norms can be implemented on the ground across states and Union Territories.

Divan submitted that there should be a dashboard for monitoring of cases registered under the POCSO Act. The bench said that each high court already has a committee for child rights and such monitoring can be done by the state governments as well.