The Story So Far
On May 23, the Supreme Court chose not to sentence a man convicted under the POCSO Act.
The victim, now older, didn’t see herself as a victim and was more harmed by the legal process than the act itself.
The SC focused on the victim’s situation rather than strictly following punishment norms.
Why Was POCSO Enacted?
Enacted in 2012, the Protection of Children from Sexual Offences (POCSO) Act aims to protect all children (under 18) from sexual abuse.
It criminalises both physical and non-physical forms of abuse, including harassment and child pornography.
The Act is gender-neutral and assumes children cannot give legal consent for sexual acts.
It provides for:
Special courts and speedy trials,
Child-friendly procedures,
Strict punishments,
Presumption of guilt on the accused.
What Is the Case?
A 13-year-old girl in West Bengal went missing in 2018 and was later found living with a 25-year-old man whom she claimed to have married.
She gave birth to a child during that time.
Her mother filed a police complaint; the man was convicted under POCSO and sentenced to 20 years.
The Calcutta High Court cancelled the conviction, suggesting such consensual adolescent relationships should be excluded from POCSO.
The HC offered questionable explanations like climate change, food habits, early puberty and social media for adolescent behaviour, ignoring deeper societal issues.
What Did the SC State?
On August 20, 2024, the SC overturned the HC decision, reaffirming that consensual sex with minors is not allowed under POCSO.
It asked a special committee to meet the girl and report on her condition before deciding punishment.
The report found:
The girl is poor, in a shelter, still wants to be with the accused,
She feels let down by her family, society, and the legal system,
The panel recommended supporting her family unit and giving financial and legal help.
The SC, using its special powers under Article 142, postponed sentencing and asked the West Bengal government to help the girl.
What Next?
The SC said this should not become a precedent.
Allowing exceptions can weaken POCSO and let offenders misuse "family protection" as an excuse.
India needs better sex education and a non-judgmental school curriculum to help teenagers understand and deal with such issues.
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