A special leave petition has been filed in the Supreme Court concerning the issue whether an adolescent boy, who enters into a relationship with a girl who is a minor, can be punished for the offence of sexual assault under The Protection of Children from Sexual Offences (POCSO) Act.

According to LiveLaw, the plea reads, “Punishing teenagers having a consensual affair which later tums out to be sour for any reason cannot be considered as an objective of the Act and it would only defeat the object of the Act. The Act is silent on the aspect where two individuals though may be less than 18 years, enters into a consensual relationship and in the absence of this, certainly the application of law in the Act cannot be permitted to charge and punish individuals in such relations keeping the fact of changing societal needs. Such consensual incidents certainly cannot be seen from the nature of such stringent provisions of the POCSO Act.”

This petition has been reportedly filed against a Madras High Court order that held that even if a minor girl develops a consensual relationship with her partner, he could be penalised under the POCSO Act. The bench of Justice P Velmurugan held that once the case is registered, it is an offence against the state and no subsequent compromise cannot take away the offence. 

The appellant was convicted by the trial court under section 5(l) [penetrative sexual assault on the child more than once or repeatedly] read with 6 [punishment of aggravated sexual assault] of POCSO Act and sentenced him to undergo 10 years rigorous imprisonment. He challenged his conviction before the High Court, while his sentence was already suspended based on the affidavit by the prosecutrix.

The prosecutrix filed a sworn affidavit before the court seeking suspension of sentence and stated that both appellant and the prosecutrix are living together for four years, and they settled the matter and hence, the trial court order be set aside, reported SabrangIndia.

As per LiveLaw, this present petition has also been filed in light of a recent High Court order by another coordinate Bench of Tamil Nadu. In that case, Justice N Anand Venkatesh held that the POCSO Act “did not intend to bring within its scope or ambit, cases of the nature where adolescents or teenagers involved in romantic relationships are concerned.”

Justice Anand Venkatesh had noted that many parents and family members have been filing false POCSO cases against adolescents and teenagers involved in romantic relationships but clarified that such allegations are not always frivolous and it depends on the facts and circumstances of each case, as reported by SabrangIndia.

The court observed, “….Nor is this Court scientifically justifying in toto, the genuineness or predicament of the accused in every case where it appears that the accused and victim child have been in a romantic relationship. That will depend on the facts and circumstances of each and every case.”

The petitioner in the instant case has also referred to the Supreme Court’s decision in S. Kasi v. State, wherein it has been held that a coordinate bench must follow the decision of another coordinate bench and in case of ambiguity, should refer the issue to a larger bench, as reported by LiveLaw.

Related:

POCSO Act not to penalise teenagers in romantic relationships: Madras HC
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The post Plea in SC to allow consensual teenage relationships under POCSO Act appeared first on SabrangIndia.

The Madras High Court has held that the scheme of The Protection of Children from Sexual Offences Act (POCSO) “did not intend to bring within its scope or ambit, cases of the nature where adolescents or teenagers involved in romantic relationships are concerned.”

The court was hearing a petition seeking to quash the proceedings against a young man in his twenties, booked under POCSO for having eloped with a girl, to marry her and consummate the relationship.

Justice Anand Venkatesh noted that many parents and family members have been filing false POCSO cases against adolescents and teenagers involved in romantic relationships but clarified that such allegations are not always frivolous and it depends on the facts and circumstances of each case. The court observed, “….Nor is this Court scientifically justifying in toto, the genuineness or predicament of the accused in every case where it appears that the accused and victim child have been in a romantic relationship. That will depend on the facts and circumstances of each and every case.”

The High Court observed that the stringent provisions in the POCSO Act invariably affects boys and that “Punishing an adolescent boy who enters into a relationship with a minor girl by treating him as an offender, was never the objective of the POCSO Act.” Justice Venkatesh added, “An adolescent boy and girl who are in the grips of their hormones and biological changes and whose decision-making ability is yet to fully develop, should essentially receive the support and guidance of their parents and the society at large. These incidents should never be perceived from an adult’s point of view and such an understanding will in fact lead to lack of empathy. An adolescent boy who is sent to prison in a case of this nature will be persecuted throughout his life. It is high time that the legislature takes into consideration cases of this nature involving adolescents involved in relationships and swiftly bring in necessary amendments under the Act.”

As serious as the charges under POCSO can be, the Single-judge Bench observed the possibility of the legislation’s misuse. “There can be no second thought as to the seriousness of offences under the POCSO Act and the object it seeks to achieve….. What came to be a law to protect and render justice to victims and survivors of child abuse, can, become a tool in the hands of certain sections of the society to abuse the process of law”, he said.

The judge also emphasised on the importance of romantic relationships and said, “Adolescence is associated with many psychosocial and developmental challenges, including the processing of intense emotions and “first loves”. (Arnett J.J. Adolescence and Emerging Adulthood. Pearson Education Limited; New York, NY, USA: 2014.) It is now well evidenced that adolescent romance is an important developmental marker for adolescents’ self-identity, functioning and capacity for intimacy.”

In the present petition, the court observed that the petitioner eloped with the woman on the free will of both and that the alleged survivor wanted the proceedings against the man to be quashed. Further, the court also took note of the submission made by the woman’s mother who submitted that she did not want to continue with the proceedings and wanted her daughter to settle down.

The High Court, accordingly quashed the criminal proceedings against the young man who was booked for abduction under the Indian Penal Code, penetrative sexual assault under POCSO Act and Prohibition of the Child Marriage Act, 2006.

The judgment may be read here:

Related:

Groping minor without physical contact, not sexual assault under POCSO Act: Bombay HC
Holding hands and unzipping pants, not sexual assault under POCSO Act: Bombay HC
BREAKING: SC stays Bombay HC’s controversial POCSO judgment

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