The Bombay High Court said it cannot dismiss POCSO cases involving consensual relationships with minors until the Central government makes its stand clear. The court emphasised that such cases need careful legal scrutiny, not blanket dismissal.
A PIL was filed in the Delhi High Court today challenging the exclusion of non-consensual sodomy or other ‘unnatural’ sexual relations under the Bharatiya Nyaya Sanhita (BNS). The Court agreed to hear the matter. Critics are concerned about the lack of legal recourse for non-consensual acts, especially for men and transgender individuals. Several legal developments have influenced the perspective on sexual acts, including the Rights of Transgender Persons Act of 2019 and the Protection of Children from Sexual Offences (POCSO) Act of 2012. The omission of Section 377 from the BNS leaves men and transgender individuals without legal recourse for non-consensual sexual acts and fails to address sexual acts involving animals.
