Supreme Court questions POCSO Act criminalising teen sex; says 15-18 is age of experimentation
The Supreme Court of India has questioned the frequent application of the POCSO Act in cases involving teenage elopement. The bench suggested that the law is often misused by parents to criminalize consensual relationships between adolescents to protect family honor.
Why it matters
This highlights a significant legal debate regarding the balance between protecting minors and recognizing the agency of adolescents in consensual relationships.
The Supreme Court on Monday questioned the use of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) in cases involving teenagers in sexual relationships..A Bench of Justice BV Nagarathna and Justice R Mahadevan said parents often resort to criminal proceedings to protect their so-called "honour" when teenage girls run away with their partners. "How does the State prevent the elopement of a girl and a boy? POCSO is sexual assault and exploitation of children. 15-18 is a vulnerable age. Age of experimentation. Question is, does it really become a POCSO case?" the Court asked..The Court was hearing a suo motu case concerning the right to privacy of adolescents.
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