Supreme Court smells teen spirit, acts to free adolescent love from Pocso

India Today

26-05-2025

The Supreme Court has urged the Central Government to consider devising a national sex education policy and to undertake an exercise to thoroughly evaluate cases and data related to the Protection of Children from Sexual Offences (Pocso) Act. The Supreme Court wants it to be ensured that adolescents don't end up being jailed for consensual romantic relationships under the stringent Pocso Act, which is meant to protect minors.advertisementA Supreme Court bench, comprising Justices Abhay S Oka and Justice Ujjal Bhuyan, were listening to the suggestions made by amici curiae in an unusual case where the "victim" woman did not want punishment for the man accused under Pocso.The woman willingly left her home when she was 14 years old to live with the accused man, then 25. She married him after becoming an adult, and gave birth to a child. The survivor did not see the alleged act committed by the accused as a "crime".
In its judgment delivered on May 23, 2025, the Supreme Court invoked its extraordinary powers under Article 142 of the Indian Constitution and refrained from sentencing the accused whose acquittal it itself had initially reversed. He was sentenced to 20 years in jail by a special Pocso court but the Calcutta High Court acquitted him in 2023.advertisementGiven the considerations of consent and malicious prosecution by family members, the amici curiae, Senior Advocates Madhavi Divan and Liz Mathew, highlighted how the criminalisation of adolescent consensual relationships may not align with the best interests of the survivor and her dependents.The Supreme Court revisited precedents from the High Courts to reconsider the rigid application of the Pocso Act in adolescent relationships.The SC bench also directed the Centre to form a committee of experts alongside senior government officers and amici curiae to suggest systemic improvements based on the recommendations of the court's own committee.It has asked the Union Ministry of Women and Child Development to submit a report by July 25.CALCUTTA HC'S REMARKS ON SEXUAL URGE SPARKED ROWThe Supreme Court took this case suo moto after the Calcutta High Court's controversial acquittal.In 2023, the High Court overturned a 20-year-long sentence imposed on the man by the special Pocso court and made remarks stating that "female adolescents should control their sexual urges". It issued directions addressed to adolescent boys and girls.The judgment of the High Court was also challenged by the state government in an appeal.In August last year, the Supreme Court set aside this judgment and restored the conviction of the accused under Section 6 of the Pocso Act, which deals with aggravated penetrative sexual assault and rape under Sections 376(3) and 376(2)(n) of the Indian Penal Code. It acquitted the accused of charges of kidnapping and abduction under Sections 363 and 366 of the IPC.advertisementThe Supreme Court held the remarks as violative of Article 21, right to life, and issued various directions to ensure that states comply with provisions of the Pocso Act and the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act), concerning timely and prompt legal action and protection of the child survivors in cases of sexual assault.But, after restoring the conviction of the accused, the apex court delved deeper into the facts before pronouncing its final sentence.It directed the state government to constitute a three-member expert committee, comprising a clinical psychologist, social scientist and a child welfare officer as coordinator and secretary. It was to inform the survivor about available benefits from the state and the Union government and assist her in making an informed decision about her future, including whether to continue residing with the accused.PANEL'S FINDINGS CHANGE SUPREME COURT'S VIEWSOn April 3, 2025, the Supreme Court interacted with the committee members and the survivor. Citing the unique circumstances of the case, it ruled that no sentence be imposed on the accused man.advertisementThe bench remarked, "The society judged her, the legal system failed her, and her own family abandoned her."It stated that, "Though the incident is seen as a crime in law, the victim did not accept it as one." Instead, highlighting the harm caused to the woman, the apex court said, "It was not the legal crime that caused trauma to her, but rather the consequences that followed."The bench noted the survivor needed financial support and directed her enrolment in school, with assistance up to college if desired. It suggested exploring vocational training or part-time work after her Class 10 exams, with help from the West Bengal State Legal Services Authority.The state was also told to ensure their child's nutrition and education under schemes like Mission Vatsalya and to address the family's debts and housing needs through NGOs or public support."What she had to face as a consequence was the police, the legal system, and a constant battle to save the accused from punishment," added the court.advertisementHowever, not stopping at this, the Supreme Court took over matters concerning the Right to Privacy of Adolescents with the amici curiae.WHEN HIGH COURTS DEFENDED CONSENSUAL ADOLESENT LOVEThe Pocso Act is gender-neutral legislation that aims to prevent and punish sexual exploitation and sexual abuse of children. But often, adolescents or teenagers who consent to engage in romantic sexual relationships are prosecuted under the Act.Additionally, the law also criminalises "any person" who knows about the "crime" and fails to report it, thereby including other children as well.In 2023, Justice Krishna Pahal of the Allahabad High Court granted bail to a man who allegedly eloped with and married an 18-year-old girl in 2023. While expressing concern over the growing "misuse" of the Pocso Act, he highlighted the challenge in distinguishing between genuine cases of exploitation from those involving consensual relationships.The elements to establish "penetrative sexual assault" under the Pocso Act require a non-consensual and unilateral act by the accused. The Madras and Calcutta High Courts have held that consensual acts do not fulfil this requirement.In February, Justice Jasmeet Singh of the Delhi High Court upheld the acquittal of a man in a Pocso case and said that, "I affirm that consensual and respectful adolescent love is a natural part of human development".advertisementHe added, "The legal system must safeguard the rights of young individuals to love while ensuring their safety and well-being."In 2024, a Delhi HC bench led by Justice Subramonium Prasad granted bail to a 21-year-old man accused of raping a minor while highlighting the complexities surrounding cases where consensual relationships between individuals close in age and particularly those just below or above the legal age of consent often fall into a "legal grey area".He stated how the legal framework might not always account for the nuanced realities of teenage relationships and emphasised the misuse of the Pocso Act by families opposed to their children's romantic choices, such as when the conversion of religion by a minor is involved.In this case, the amici curiae relied on High Courts' precedents, such as the Delhi High Court in Ajay Kumar v State and the Madras High Court in Vijayalakshmi v State, to state that the Pocso Act does not intend to criminalise consensual romantic relationships between adolescents.PROTECTION OVER PUNISHMENT: NEED FOR SEX EDUCATIONAdvocating for comprehensive sexuality education, the amicus curiae made suggestions to promote overall adolescent well-being. They referred to a report by Unesco – The Journey Towards Comprehensive Sexuality Education: Global Status Report (2021) – that found how education policies on life-skills-based HIV and sexuality education in India are at the secondary education level only.They emphasised how the struggle of adolescents concerning health, misinformation and stigma surrounding sexual and reproductive health education needed to be addressed through a more inclusive curriculum and proper teacher training in the realm of comprehensive sexuality education (CSE).Their suggestions on implementing a data collection mechanism for improving institutional accountability, real-time accountability, and targeted interventions at the state-level concerning Pocso cases, child marriages and CSE implementation were taken up by the apex court.Following this, the Supreme Court issued a notice to the Centre through the Secretary of the Ministry of Women and Child Development and the Secretary was directed to appoint a committee of experts to deal with the suggestions of the amici curiae.The Supreme Court clarified that this case will not be treated as a precedent as it is "an illustration of the complete failure of our society and legal system". Senior government officers shall be a part of this committee which is directed to submit a report to the Supreme Court by July 2025.This is the Supreme Court's effort to ensure that adolescents don't end up being jailed for consensual romantic relationships.