Supreme Court to examine POCSO clause requiring mandatory reporting of sexual activity
The Supreme Court on Thursday (April 24, 2025) agreed to hear concerns flagged by senior advocate Indira Jaising that mandatory reporting of sexual activity, even if a voluntary one, under Section 19 of the Protection of Children from Sexual Offences (POCSO) is leading to the criminalisation of the young and poses a threat to the fundamental right to health of adolescent girls.
Appearing before a Bench of Justices Vikram Nath and Sandeep Mehta, Ms. Jaising, who is amicus curiae in the case along with senior advocate Siddharth Luthra, said the age of consent was raised from 16 years to 18 in 2012 with the enactment of the POCSO. This has led to a situation when knowledge of even voluntary sexual activity between juveniles is required to be reported to the police.
Also read | Why has the Supreme Court clarified POCSO provisions?
'Counselling and not criminalisation is required in such cases. We do not need to create an army of criminals,' Ms. Jaising submitted.
The senior advocate said parents, guardians, and even doctors are being penalised on the ground that they had knowledge but did not report to the police about the sexual activity.
'A doctor to whom a juvenile approaches for medical care has to report the sexual activity to the police even if she says it was voluntary. In such a situation, juveniles would turn to quacks and endanger their health,' Ms. Jaising argued.
The court said Ms. Jaising has raised a 'serious and relevant' issue. It scheduled a detailed hearing on May 8.
The Bench suggested taking the aid of Additional Solicitor General Aishwarya Bhati, and, if required, the Attorney General of India on the issue.
The Legislature had intended the requirement for mandatorily reporting sexual activity under Section 19 of the POCSO to prioritise timely intervention and protection of children.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
The Hindu
28 minutes ago
- The Hindu
Thousands of 'untainted' schoolteachers in West Bengal wrote to President Droupadi Murmu on Tuesday seeking the restoration of their jobs. 'We should not have to appear for fresh exams when we did not
Kolkata Thousands of 'untainted' schoolteachers in West Bengal wrote to President Droupadi Murmu on Tuesday seeking the restoration of their jobs. 'We should not have to appear for fresh exams when we did not take part in any unfair practices or corruption. Why are we being subjected to this ordeal?' said Payel Dutta, an 'untainted' teacher. She and her fellow protesters were seen signing the letters from the footpaths in Salt Lake, Kolkata, where they have been protesting for the past 34 days demanding the restoration of their jobs. The situation follows the April 3 Supreme Court order upholding a Calcutta High Court decision to cancel the recruitment of nearly 26,000 teachers and non-teaching employees in the State-run schools due to irregularities in the 2016 selection process conducted by the West Bengal School Service Commission. The apex court subsequently allowed the 'untainted' teachers to continue working until year-end. On April 24, the State government released lists of 'untainted' teachers. The top court asked the 'untainted' candidates, many of whom have seven to eight years of experience, to appear for fresh exams for reinstatement. 'I earnestly and solemnly appeal to you, the head of the state and the highest constitutional authority... That I be spared from this punishment,' read the common draft of the letter. In the event their request was turned down, the teachers sought permission for 'voluntary euthanasia' for themselves and their family members. The teachers also urged Ms. Murmu to issue a directive 'for a fair reconsideration of the judgment that has deprived us of our rightful livelihood'. Those in distress may contact Sanjivini, Society for Mental Health suicide prevention helpline 011-40769002.
Time of India
2 hours ago
- Time of India
Not identified by survivor, Pocso convicts get bail
Nagpur: The Nagpur bench of Bombay high court suspended the sentence of two men convicted under the Protection of Children from Sexual Offences (Pocso) Act, and granted bail, since the survivor had failed to identify them during the trial proceedings in the district court. The two appellants had been sentenced to 20 years of rigorous imprisonment by district court for allegedly threatening, extorting, and forcing a 16-year-old boy into performing oral sex. However, HC observed that the survivor neither identified the accused in court nor gave a clear description during his testimony. Justice Urmila Joshi Phalke, presiding over the single-judge bench, noted that there was no substantial evidence to support the conviction, observing that the survivor could not confirm the identity of the accused and that no medical evidence of sexual assault was presented. The survivor, during the district court trial, had stated that the assailants had their faces covered with scarves during the incident. Additionally, the victim's friend, the only other witness present at the time, also failed to identify the accused in court.
Time of India
2 hours ago
- Time of India
Saving Sukhna: Demolition drive targets unauthorised constructions in Kaimbwala village
1 2 3 Chandigarh: In a decisive move to enforce the directives of the Punjab and Haryana high court and protect Sukhna catchment area, a demolition drive was successfully carried out in the periphery of Kaimbwala village on Tuesday. The operation was initiated under the orders of the deputy commissioner. The demolition was executed with the help of two poclain machines and one JCB, and was supported by a strong police presence, including lady constables. The entire operation was conducted under the close supervision of SDM central, UT. During the drive, approximately 20 unauthorised commercial shops and showrooms, nine tin sheds, one boundary wall, and two khokhas were demolished. The operation was completed peacefully and without any incident. This action was taken in strict compliance with the orders issued by the HC, which mandates the preservation of the Sukhna catchment area to help restore Sukhna Lake to its original state. The court has prohibited the development of housing colonies or any construction activity within this ecologically sensitive zone. It has also empowered enforcement agencies to halt ongoing constructions and demolish any unauthorised structures without prior notice. The Supreme Court has reinforced that no construction is permitted in this area after May 21, 2012. Any violations will result in immediate action against the offenders.
