NEW DELHI: To ensure that adolescents don't get sent to jail under the stringent Protection of Children from Sexual Offences Act (Pocso) for being in romantic relationships, Supreme Court has directed the Centre to consider decriminalising such consensual relationships and frame a policy for sexual and reproductive health education in the country.
A bench of Justices Abhay S Oka and Ujjal Bhuyan issued notice to the Centre through the ministry of women and child development to form an expert committee to examine the issue and file a report before it by July 25. The court said it would pass further directions after getting the report.
The trigger for the court order was the legal battle of a woman from West Bengal to protect her husband who was sentenced to 20 years in jail under Pocso for having a relationship with her when she was 14.
The court had appointed two senior women advocates - Madhavi Divan and Liz Mathew - to assist it on the sensitive issue and they suggested that adolescents in consensual relationships needed to be protected. While Pocso Act served an essential purpose in protecting minors from sexual exploitation, its rigid application in cases of adolescent relationships could lead to outcomes that may not align with the best interests of the prosecutrix and her dependants, they suggested.
Accepting the suggestions of the senior advocates, the court impleaded the Centre in the case and issued notice.
The advocates also pointed out that various high courts, including Delhi and Madras, have taken a nuanced approach and interpreted the statement of objects and reasons of the Pocso Act as not intending to criminalise consensual romantic relationships. In several cases, Madras high court adopted a legal interpretation that consensual acts did not fulfil the requirement of 'assault' in the offence of 'penetrative sexual assault'.
Govt should consider suggestion for a sex education policy: SC
Calcutta HC held that Pocso Act defined 'penetration' as a unilateral act by the accused and, therefore, in cases of consensual intercourse, the act of penetration may not solely be attributed to the accused. Various HCs have also considered the impact such prosecution has on the victim and have proceeded to quash proceedings if pursuing the case would harm the victim.
Accepting the suggestions of the senior advocates, the court impleaded Centre in the case and issued notice. "For carrying forward the suggestion of the learned amici, we propose to implead the Union of India through the ministry of women and child development, so that more effective orders can be passed," it said.
"The secretary of the ministry shall appoint a committee of experts to deal with the suggestions of the amici curiae. Senior officers of the state shall be part of the committee. If necessary, the committee can also consult the senior counsel appointed as amici curiae. Immediately on service of notice, the secretary shall constitute a committee. The members of the committee constituted by this court (comprising Dr Pekham Basu from TISS; Jayita Saha, clinical psychologist; and Sanjeeb Rakshit, district social welfare officer, South 24 Parganas) shall be permanent invitees to the said committee," the bench said.
Government should also consider the suggestion to have a policy on comprehensive sexual and reproductive health education because as per a Unesco report, education policies on life skills-based HIV and sexuality education was only at secondary education-level in India, the bench added.
Way back in 2001, Madras HC had suggested amending the law not to penalise such relationships. "An adolescent boy and girl who are in the grips of their hormones and biological changes and whose decision-making ability is yet to fully develop, should essentially receive the support and guidance of their parents and the society at large. These incidents should never be perceived from an adult's point of view and such an understanding will, in fact, lead to lack of empathy. An adolescent boy who is sent to prison in a case of this nature will be persecuted throughout his life. It is high time that the legislature takes into consideration cases of this nature involving adolescents involved in relationships and swiftly bring in necessary amendments under the Act. The legislature has to keep pace with changing societal needs and bring about necessary changes in law and, more particularly, in a stringent law such as Pocso Act," it had said.
Delhi HC recently in Feb granted relief to a boy and quashed the case against him and had said that the focus of the law should be on preventing exploitation and abuse, rather than punishing love. "Love is a fundamental human experience, and adolescents have the right to form emotional connections. The law should evolve to acknowledge and respect these relationships, as long as they are consensual and free from coercion," HC had said.
A bench of Justices Abhay S Oka and Ujjal Bhuyan issued notice to the Centre through the ministry of women and child development to form an expert committee to examine the issue and file a report before it by July 25. The court said it would pass further directions after getting the report.
The trigger for the court order was the legal battle of a woman from West Bengal to protect her husband who was sentenced to 20 years in jail under Pocso for having a relationship with her when she was 14.
The court had appointed two senior women advocates - Madhavi Divan and Liz Mathew - to assist it on the sensitive issue and they suggested that adolescents in consensual relationships needed to be protected. While Pocso Act served an essential purpose in protecting minors from sexual exploitation, its rigid application in cases of adolescent relationships could lead to outcomes that may not align with the best interests of the prosecutrix and her dependants, they suggested.
Accepting the suggestions of the senior advocates, the court impleaded the Centre in the case and issued notice.
The advocates also pointed out that various high courts, including Delhi and Madras, have taken a nuanced approach and interpreted the statement of objects and reasons of the Pocso Act as not intending to criminalise consensual romantic relationships. In several cases, Madras high court adopted a legal interpretation that consensual acts did not fulfil the requirement of 'assault' in the offence of 'penetrative sexual assault'.
Govt should consider suggestion for a sex education policy: SC
Calcutta HC held that Pocso Act defined 'penetration' as a unilateral act by the accused and, therefore, in cases of consensual intercourse, the act of penetration may not solely be attributed to the accused. Various HCs have also considered the impact such prosecution has on the victim and have proceeded to quash proceedings if pursuing the case would harm the victim.
Accepting the suggestions of the senior advocates, the court impleaded Centre in the case and issued notice. "For carrying forward the suggestion of the learned amici, we propose to implead the Union of India through the ministry of women and child development, so that more effective orders can be passed," it said.
"The secretary of the ministry shall appoint a committee of experts to deal with the suggestions of the amici curiae. Senior officers of the state shall be part of the committee. If necessary, the committee can also consult the senior counsel appointed as amici curiae. Immediately on service of notice, the secretary shall constitute a committee. The members of the committee constituted by this court (comprising Dr Pekham Basu from TISS; Jayita Saha, clinical psychologist; and Sanjeeb Rakshit, district social welfare officer, South 24 Parganas) shall be permanent invitees to the said committee," the bench said.
Government should also consider the suggestion to have a policy on comprehensive sexual and reproductive health education because as per a Unesco report, education policies on life skills-based HIV and sexuality education was only at secondary education-level in India, the bench added.
Way back in 2001, Madras HC had suggested amending the law not to penalise such relationships. "An adolescent boy and girl who are in the grips of their hormones and biological changes and whose decision-making ability is yet to fully develop, should essentially receive the support and guidance of their parents and the society at large. These incidents should never be perceived from an adult's point of view and such an understanding will, in fact, lead to lack of empathy. An adolescent boy who is sent to prison in a case of this nature will be persecuted throughout his life. It is high time that the legislature takes into consideration cases of this nature involving adolescents involved in relationships and swiftly bring in necessary amendments under the Act. The legislature has to keep pace with changing societal needs and bring about necessary changes in law and, more particularly, in a stringent law such as Pocso Act," it had said.
Delhi HC recently in Feb granted relief to a boy and quashed the case against him and had said that the focus of the law should be on preventing exploitation and abuse, rather than punishing love. "Love is a fundamental human experience, and adolescents have the right to form emotional connections. The law should evolve to acknowledge and respect these relationships, as long as they are consensual and free from coercion," HC had said.
You may also like
Arne Slot gives his Liverpool players a new hero to worship after winning Premier League
India's Q4 FY25 GDP Growth Seen Rising To 7.0%, Full-Year Estimate Trimmed To 6.3%: UBI Report
All-party delegation led by NCP MP Supriya Sule arrives in Qatar
Uttarakhand CM Dhami welcomes all devotees visiting Hemkund Sahib shrine
All crew members rescued after Liberian ship capsizes off Kerala coast
