Criminalising all adolescent relationships: Supreme Court's call for structural reform in POCSO Act
The Supreme Court, in Re: Right to Privacy of Adolescents (May 2025), revisited its stance on the POCSO Act, prioritizing the voice of a young person. Using Article 142, the Court avoided sentencing in a case involving a 14-year-old and a 25-year-old, acknowledging systemic failures and the trauma caused by the legal process itself. The article argues that the POCSO Act's blanket assumption that all adolescent sexual acts are inherently exploitative needs revision, especially for consensual relationships involving older adolescents. It calls for structural reform beyond case-by-case exceptions, advocating for comprehensive sexuality education, life-skills training, and addressing root causes of underage elopements and power imbalances.
Key Points
- The Supreme Court, in a landmark judgment, used Article 142 to avoid sentencing in a POCSO case, acknowledging systemic failures and the victim's trauma from the legal process.
- The judgment highlights the urgent need to re-examine the POCSO Act's blanket criminalization of all adolescent relationships, particularly consensual ones.
- Empirical studies indicate that adolescent relationships, especially involving those above 16 years, are common and often consensual, with many victims refusing to testify against the accused.
- The article advocates for structural reform in the POCSO Act to differentiate between exploitative and consensual relationships, moving beyond a paternalistic approach.
- It emphasizes the importance of comprehensive sexuality education, life-skills training, and addressing the root causes of underage elopements and power imbalances.
Exam Facts
- Supreme Court judgment: Re: Right to Privacy of Adolescents (May 2025).
- Legal provision used: Article 142 of the Constitution.
- Act in question: Protection of Children from Sexual Offences (POCSO) Act.
- Age of consent in India: 18 years.
- International human rights reference: General Comment No. 20 by the Committee on the Rights of the Child (UNCRC).
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