Raising a note of caution on the growing trend of invoking stringent child-protection laws in circumstances they were not intended for, the Supreme Court on Tuesday voiced concern over the misuse of the Protection of Children from Sexual Offences (POCSO) Act in cases stemming from marital discord and consensual adolescent relationships.
A Bench led by Justice B V Nagarathna observed that the law—crafted to safeguard minors from sexual abuse—was increasingly being dragged into situations where both parties were consenting and close in age, particularly when parents disapproved of a relationship or when matrimonial disputes arose.
The POCSO Act is being misused in cases of marital discord and consensual relationships between adolescents.
We should spread awareness among boys and men about the legal provisions,” the Bench remarked.
The comments came while the Court was hearing a Public Interest Litigation (PIL) seeking comprehensive sensitisation programmes on sexual-offence laws, including POCSO and provisions related to rape, to ensure enhanced protection for women and children.
Matter Adjourned; States Yet to Respond
The Bench adjourned the case to December 2, noting that several states and Union Territories were yet to file responses to the PIL. Earlier, notices had already been issued to:
- The Union Government
- Ministry of Education
- Ministry of Information & Broadcasting
- Central Board of Film Certification (CBFC)
The petitioner, senior advocate Aabad Harshad Ponda, stressed the need to educate citizens about evolving sexual-offence laws—especially changes introduced after the Nirbhaya case.
Petition Seeks Curriculum Changes & Social Sensitisation
The PIL highlights the necessity of legal literacy and moral education to promote gender sensitivity and respectful conduct. It requests directions for the Education Ministry to ensure that schools impart lessons on:
- Key penal provisions protecting women and children
- Sexual equality and dignity
- Rights and freedoms of girls and women
- Moral and ethical behaviour in relationships
The plea emphasises that behavioural reform must start early: Changing the mindset of boys in this country is essential, and that effort must begin at the school level.”
Why the Court’s Words Matter
The Supreme Court’s remarks reflect a nuanced approach—balancing protection of minors with preventing weaponisation of stringent laws.
As consensual teenage relationships clashing with parental authority rise, courts across India have repeatedly urged proportionality and sensitivity in applying POCSO provisions.
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