Relevance for UPSC (GS Paper II – Governance / Social Justice)

However, the Supreme Court has recently observed that the Act is being misused in cases involving consensual adolescent relationships. The Court noted that many complaints are being filed by parents against adolescent boys for consensual relationships with girls of similar age, turning social and emotional interactions into criminal cases.

The Protection of Children from Sexual Offences (POCSO) Act, 2012 was introduced to safeguard children below 18 years from sexual offences. It provides for child-friendly reporting, investigation, and trial procedures, ensuring privacy, speedy justice, and protection from re-victimisation.

Key Observations of the Court

• The Bench comprising Justices B.V. Nagarathna and R. Mahadevan expressed concern that the POCSO Act is being misapplied, defeating its intended purpose of protecting children from sexual exploitation.
  
• The Court emphasised the need for greater awareness about the law among adolescents, parents, and educators to prevent misuse.
  
• It also sought responses from States and Union Territories regarding the inclusion of sexual education, moral awareness, and legal literacy in school curricula.
  
• The Court highlighted that awareness about consent, gender sensitivity, and adolescent behaviour should form part of early education to promote understanding and reduce misuse of the law.
  

Why It Matters

• Legal Balance: The POCSO Act must protect children from abuse while avoiding the criminalisation of consensual teenage relationships.
  
• Social Awareness: There is a pressing need to bridge the gap between parental perception, legal boundaries, and adolescent psychology.
  
• Governance Challenge: Authorities must ensure training of law enforcement and educators to apply the law with empathy and understanding.
  
• Sustainable Development Goals: The issue connects with SDG 5 (Gender Equality) and SDG 16 (Peace, Justice and Strong Institutions) by ensuring fairness, justice, and equality before the law.
  

One-line wrap:
The Supreme Court’s call on the misuse of the POCSO Act reminds us that protecting children requires not only strong laws but also empathy, awareness, and balanced enforcement.

UPSC Prelims Practice Question:

Which of the following statements about the POCSO Act and its recent Supreme Court observations are correct?

1. The POCSO Act aims to protect all persons below 18 years from sexual offences through child-friendly legal mechanisms.
   
2. The Supreme Court has expressed concern that the Act is being used against consensual adolescent relationships.
   
3. The Court has asked States to promote legal and gender awareness in school education to prevent misuse of the law.

Select the correct code:
A. 1 only
B. 1 and 2 only
C. 2 and 3 only
D. 1, 2 and 3

Answer: D