The Court said that if the relationship is consensual (mutual and agreed by both), then criminal punishment may not be the right approach.
New Delhi – The Supreme Court of India has asked the Central Government to think about making changes to the law so that teenagers in romantic relationships are not sent to jail under the strict Protection of Children from Sexual Offences (POCSO) Act.
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The Court said that if the relationship is consensual (mutual and agreed by both), then criminal punishment may not be the right approach.
The top court also said that there should be a proper national policy for sexual and reproductive health education. This education will help teenagers make better decisions and understand their rights and responsibilities.
A bench of Justices Abhay S Oka and Ujjal Bhuyan has taken a serious view of the matter and issued a notice to the Centre through the Ministry of Women and Child Development. The Court directed the government to form an expert committee that will examine this sensitive issue and file a detailed report.
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The Court gave time till July 25 to submit the report and said it would decide on the next steps after receiving the committee’s findings.
The bench observed that such cases need a more understanding and thoughtful approach instead of harsh punishments. This step is being taken to ensure that young people involved in consensual relationships are not wrongly punished under the law.
The Court was looking at the case of a woman from West Bengal who is fighting a legal battle to protect her husband. Her husband has been sentenced to 20 years in prison under the POCSO Act. His crime: he had a relationship with her when she was only 14 years old.
This case made the Supreme Court think seriously about the current law and how it is being used in such situations.
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The Court clearly stated that sending adolescents to jail for being in consensual relationships is not a fair outcome. It wants the government to understand this issue deeply and make changes, if necessary.
By asking for a national education policy on sexual and reproductive health, the Court also wants teenagers to be better informed about relationships, sex, consent, and responsibilities.
Case Title – In Re: Right To Privacy Of Adolescents
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