SC Urges Government to Reconsider POCSO Act for Consensual Relationships
Supreme Court advocates for review of POCSO Act concerning consensual teen relationships.
Photo by JEREMY MALECKI
Background Context
Why It Matters Now
Key Takeaways
- •SC wants review of POCSO in consensual teen relationships.
- •POCSO Act aims to protect children from sexual abuse.
- •Concerns exist about overbroad application of the Act.
- •Need to balance child protection with adolescent autonomy.
- •Intervention highlights complexities of adolescent relationships.
Key Facts
SC wants govt to consider 'Romeo-Juliet' exception for POCSO Act
UPSC Exam Angles
GS Paper II: Social Justice, Protection of Vulnerable Sections
Connects to fundamental rights, right to privacy, and personal liberty
Potential for analytical questions on balancing child protection and individual rights
Visual Insights
Evolution of POCSO Act and Related Concerns
This timeline highlights the key events in the evolution of the POCSO Act and the recent concerns raised by the Supreme Court regarding its application in consensual relationships.
The POCSO Act was enacted to address the pressing issue of child sexual abuse in India. However, its broad application has raised concerns about its potential misuse in cases involving consensual relationships between adolescents.
- 2012POCSO Act enacted to protect children from sexual offences.
- 2019POCSO Act amended to include stricter penalties and address lacunae.
- 2023Increased reporting of POCSO cases, raising concerns about misuse in consensual relationships.
- 2024Law Commission of India begins review of POCSO Act's application in 'Romeo-Juliet' cases.
- 2025Parliamentary Standing Committee submits report on potential amendments to POCSO Act.
- 2026Supreme Court urges government to reconsider POCSO Act for consensual relationships between adolescents.
Practice Questions (MCQs)
1. Consider the following statements regarding the Protection of Children from Sexual Offences (POCSO) Act, 2012: 1. The Act defines 'child' as any person below the age of 16 years. 2. The Act provides for the establishment of Special Courts to handle cases registered under it. 3. The Act mandates reporting of child sexual abuse by individuals who have knowledge of such incidents. Which of the statements given above is/are correct?
- A.1 and 2 only
- B.2 and 3 only
- C.1 and 3 only
- D.1, 2 and 3
Show Answer
Answer: B
Statement 1 is incorrect. The Act defines 'child' as any person below the age of 18 years. Statements 2 and 3 are correct as they reflect key provisions of the POCSO Act.
2. In the context of recent discussions surrounding the POCSO Act and consensual relationships, which of the following statements best reflects the Supreme Court's stance?
- A.The Supreme Court has unequivocally upheld the strict application of the POCSO Act in all cases, regardless of the nature of the relationship.
- B.The Supreme Court has called for the complete repeal of the POCSO Act.
- C.The Supreme Court has expressed concerns about the broad application of the POCSO Act in cases involving consensual relationships between adolescents and urged the government to reconsider its provisions.
- D.The Supreme Court has stated that the POCSO Act should only be applied in cases involving physical violence.
Show Answer
Answer: C
The Supreme Court has expressed concerns regarding the application of the POCSO Act in cases involving consensual relationships between adolescents, urging the government to reconsider its provisions to avoid undue hardship and stigmatization.
3. Which of the following international conventions significantly influenced the enactment of the POCSO Act in India?
- A.The Geneva Conventions
- B.The Universal Declaration of Human Rights
- C.The UN Convention on the Rights of the Child
- D.The Rome Statute of the International Criminal Court
Show Answer
Answer: C
The UN Convention on the Rights of the Child (UNCRC), ratified by India in 1992, significantly influenced the enactment of the POCSO Act. It provided a framework for protecting children's rights and addressing child sexual abuse.
4. Assertion (A): The Supreme Court has urged the government to reconsider the application of the POCSO Act in cases involving consensual relationships between adolescents. Reason (R): The broad application of the POCSO Act may criminalize genuine consensual relationships, potentially causing undue hardship and stigmatization for young individuals. In the context of the above statements, which of the following is correct?
- A.Both A and R are true, and R is the correct explanation of A.
- B.Both A and R are true, but R is NOT the correct explanation of A.
- C.A is true, but R is false.
- D.A is false, but R is true.
Show Answer
Answer: A
Both the assertion and the reason are true, and the reason correctly explains why the Supreme Court has urged the government to reconsider the application of the POCSO Act in cases involving consensual relationships between adolescents.