Challenges of the POCSO Act
The Supreme Court has acknowledged the misuse of the POCSO Act by families to penalize young men in consensual relationships with young women, highlighting a significant issue within legal and social frameworks.
Inflexibility of POCSO
- The Act establishes a rigid age of consent at 18 years.
- It employs strict liability, making the minor's consent legally irrelevant.
- Intended to deter heinous offenders, it is easily manipulated by disapproving families.
Impact on Consensual Relationships
- Families often press charges of kidnapping and sexual assault in cases of elopement, especially across caste or religious lines.
- This criminalizes consensual adolescent relationships, allowing misuse of punitive measures against unsuitable partners.
Recommendations and Concerns
- The 2023 Law Commission of India report advises against lowering the age of consent due to risks like trafficking and child marriage.
- It emphasizes that severe treatment of adolescent relationships is counterproductive.
- The report recommends introducing “guided judicial discretion” for cases involving adolescents aged 16-18.
Court Orders and Intervention
The Court has mandated that its judgment be shared with the Law Secretary to mitigate this issue.
Need for Non-Punitive Interventions
- Young adults often face isolation when family expectations clash with personal autonomy.
- There is a lack of confidential counseling services for adolescents managing relationships and sexuality.
- The state needs to invest in social services, prioritizing education and counseling over police-led responses.
Overall, the absence of supportive interventions leaves young couples vulnerable to familial and legal pressures.
