Expressing concern over misuse of the POCSO Act, the Supreme Court remarked that many cases arise from marital discords and consensual adolescent relationships, stressing the urgent need to spread legal awareness among boys and men to prevent wrongful criminalisation.
New Delhi: The Supreme Court highlighted concerns regarding the misuse of the POCSO Act in cases of marital discord and consensual relationships among adolescents.
During a hearing on a public interest litigation (PIL), Justices B.V. Nagarathna and R. Mahadevan emphasized the importance of raising awareness among boys and men about the legal provisions involved.
The bench stated,
“One thing, we would like to remark. POCSO Act is being misused in cases of marital discords and matters pertaining to consensual relationships between adolescents. We should spread awareness in boys and men about the legal provisions,”
The court has postponed the PIL to December 2, noting that some states and union territories have yet to submit their responses.
Previously, the apex court had issued notices to the Centre, as well as the Union ministries of Education and Information and Broadcasting, and the Central Board of Film Certification (CBFC) regarding the petition filed by senior advocate Aabad Harshad Ponda.
Ponda argued for the necessity of educating the public about laws concerning rape and the amendments made following the Nirbhaya case.
The petition calls for several measures, including directing the education ministry to require all educational institutions offering free and compulsory education for children up to 14 years old to include information about the penal provisions related to offenses against women and children.
It also advocates for the inclusion of moral training to promote awareness of sexual equality, women’s rights, and their right to live with dignity.
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The petition stresses,
“Particularly, endeavours are required to be made to change the mindset of the boys in this country, an exercise that must start at the level of school.”
Additionally, it requests similar directives for the Information and Broadcasting ministry, CBFC, and other broadcasting entities to raise awareness about the consequences of committing rape and educate the public about the POCSO Act.
The Protection of Children from Sexual Offences (POCSO) Act, 2012, is a special law enacted in India to protect children below 18 years of age from sexual abuse, sexual harassment, and exploitation through pornography.
The main aim of the Act is to safeguard minors from sexual offences and ensure that the legal process is child-friendly, from the stage of reporting to the completion of the trial. The law clearly defines various forms of sexual offences, including penetrative sexual assault, sexual harassment, and use of children for pornographic purposes. It is gender-neutral, meaning both boys and girls are equally protected under its provisions.
The Act provides for several child-friendly procedures, such as recording the child’s statement at their residence, avoiding repeated questioning, and ensuring that the child does not face the accused directly during the trial.
It also mandates the establishment of special courts to conduct speedy trials in such cases. Importantly, the POCSO Act makes it compulsory for any person who has knowledge of a child being sexually abused to report it, failing which they can face punishment.
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