‘How can govt prevent elopement?’:SC raises concern over misuse of POCSO; says 15-18 is a vulnerable age to try new things

The Supreme Court has expressed concern over the alleged misuse of the Protection of Children from Sexual Offences (POCSO) Act in cases involving consensual relationships between teenagers. On Monday, the court observed that when a boy and a girl are in a relationship and leave together, every such case should not automatically be treated as a POCSO offence. A bench of Justices BV Nagarathna and R Mahadevan asked: “How can the government stop a boy and a girl from eloping? The age between 15 and 18 is highly sensitive and a time when adolescents explore new experiences. It is also a phase of emotional growth and understanding.” The bench noted that in many cases, when a teenage girl voluntarily leaves with her partner, families file criminal complaints against the boy to protect their so-called honour. The court said that such cases often end in acquittal. Even consensual relationships are sending teenagers to jail: Supreme Court The observations came during the hearing of a suo motu case concerning the privacy rights of adolescents. The case originated after the Calcutta High Court, in 2023, made controversial remarks advising teenage girls to control their sexual urges instead of entering relationships. The Supreme Court later set aside those observations. Senior Advocate Madhavi Divan told the court that the original case involved a minor girl who had eloped with a 25-year-old man. She said the woman later continued to live with him, the couple now has a child, and she is happy in her married life. Divan argued that an effective mechanism is needed to prevent the misuse of the POCSO Act, as even consensual relationships are leading to the imprisonment of many teenagers. Centre proposes national dashboard The Centre informed the court that it has prepared certain recommendations, which could be implemented by states and Union Territories if approved. Senior Advocate Madhavi Divan also suggested creating a national dashboard to monitor POCSO cases. The Supreme Court noted that every High Court already has committees dealing with child rights and said state governments can also effectively monitor such cases. The matter will next be heard on July 17. ​