The issue with criminalising all adolescent relationships, Pg6

Key Highlights:

• SC used Article 142 to avoid sentencing a man convicted under Section 6 of the POCSO Act.
• The case involved a 14-year-old girl who eloped and later married the man; they had a child.
• The High Court earlier acquitted the man citing socio-economic factors and lack of awareness.
• SC reversed the acquittal but acknowledged that true justice lies in not sentencing the accused in this case.
• Empirical studies show that over 24% of POCSO cases involve consensual adolescent relationships.
• Both SC and HC barred this case from being treated as a judicial precedent, citing its “extraordinary” nature.
• The Court recommended structural reforms and comprehensive sexuality education to address the issue.

Detailed Insights:

• POCSO Act (2012) sets the age of consent at 18, criminalising all sexual activity with minors regardless of consent.
• The girl's trauma arose not from the relationship, but from police intervention, court trials, and social stigma.
• The SC initially dismissed the HC’s view that the law “undermines adolescent identity” as "shocking", reflecting a paternalistic bias.
• Expert committee found that the law saw it as a crime, but the victim did not, and her distress stemmed from systemic responses.
• Ground realities such as poverty, child marriage norms, lack of education, and patriarchal constraints shape adolescent choices.
• Judicial inconsistency is evident: some HCs call for decriminalisation, while others, like Bombay HC in Aakash Waghmare (2025), await legislative reform.
• SC’s acknowledgment of systemic failure — from judiciary, family, to media — marks a shift toward rights-based discourse.
• The case exposes the limitations of the one-size-fits-all approach under POCSO in dealing with adolescent relationships.

Way Forward: 

• Allow for judicial discretion in cases involving adolescent consent, rather than rigid sentencing.
• Shift from punitive action to counselling and rehabilitation for adolescents in consensual relationships, guided by best interest and restorative justice frameworks.
• Implement comprehensive sexuality education at the national level to equip adolescents with accurate information and support informed decision-making.
• Regularly review and update data and cases involving adolescent relationships to inform policy improvements and prevent misuse of the law.

Scientific/Technical Concepts Involved:

• Article 142: Empowers the Supreme Court to pass orders necessary for doing “complete justice”.
• Section 6, POCSO Act: Deals with aggravated penetrative sexual assault and carries a minimum 20-year sentence.
• Age of Consent: The legally defined age at which a person is considered competent to consent to sexual activity.

Mains Mock Question:

Q. In the context of the POCSO Act and recent judicial pronouncements, critically examine the challenges of balancing child protection with adolescent autonomy in India. Suggest reforms.