The Supreme Court has asked the Center to consider decriminalizing consensual relationships between teenagers so that they do not have to go to jail under the strict Protection of Children from Sexual Offences Act, Pocso. The Center should make a policy on sex education. SC also issued a notice.

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The Supreme Court has asked the Center to consider decriminalizing consensual relationships between teenagers so that they do not have to go to jail under the stringent POCSO law (Protection of Children from Sexual Offences Act, Pocso). The court also suggested formulating a policy on sexual and reproductive health education.

A bench of Justice Abhay S Oka and Justice Ujjal Bhuyan issued a notice to the Center and asked the Ministry of Women and Child Development to constitute an expert panel to study the issue and submit a report by July 25. The court said that it would issue further instructions only after reviewing the report.

What is the matter
The reason for the court’s order was the legal battle of a woman from West Bengal for the protection of her husband, who was sentenced to 20 years in jail under the POCSO Act for having a relationship with her at the age of 14.

The court had appointed two senior women advocates Madhavi Divan and Liz Mathew to assist on this sensitive issue and they suggested that juveniles in consensual relationships also need protection. They suggested that the POCSO Act serves an important purpose in protecting minors from sexual abuse, but its strict application in the context of juvenile relationships can lead to results that may not be in the best interests of the prosecutrix and her dependents.

‘Penetration’ is not a one-sided act: HC

Accepting the suggestions of the senior advocate, the court made the Centre a party in the case and issued notice. The advocate also pointed out that several high courts, including Delhi and Madras, have taken a nuanced approach and interpreted the statement of objects and reasons of the POCSO Act in such a way that it is not intended to criminalise consensual romantic relationships.

In several cases, the Madras High Court adopted a legal interpretation that consensual acts do not meet the requirement of ‘assault’ for the offence of penetrative sexual assault.

The Calcutta High Court held that the POCSO Act defines ‘penetration’ as a unilateral act by the accused and, therefore, in cases of consensual sex, the accused alone cannot be held responsible for ‘penetration’. Several other High Courts have also considered the impact of such prosecutions on the victim, and ordered quashing of proceedings if the victim would be harmed by pursuing the case.