The Supreme Court has raised concerns over the alleged misuse of the Protection of Children from Sexual Offences (POCSO) Act in cases involving consensual relationships between adolescents. A bench of Justices BV Nagarathna and R Mahadevan questioned whether every relationship involving teenagers between 15 and 18 years should automatically be treated as a case of sexual assault under the law.

During the hearing, the court observed that parents sometimes initiate criminal proceedings against young couples when teenagers leave home together, allegedly to protect family honour. The bench questioned how the state could prevent such instances of elopement while ensuring that the purpose of the POCSO Act — protecting children from sexual abuse and exploitation — remains intact.

The observations were made while hearing a suo motu case related to the privacy rights of adolescents. The proceedings began after a controversial Calcutta High Court judgment that advised adolescent girls to control their sexual urges and avoid relationships. The Supreme Court later set aside those remarks, stating that directions concerning adolescent issues must consider practical realities.

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Senior advocate Madhavi Divan informed the court about the background of the case that led to the earlier high court ruling. She said the matter involved a minor girl who had left home with a 25-year-old man, but the individual dispute was later resolved. She also highlighted a committee report that pointed to systemic failures in handling POCSO-related cases and stressed the need for better rehabilitation measures for minors.

The court noted that relationships among teenagers existed even before the age of consent was increased from 16 to 18 years in 2012. It observed that such situations require a balanced approach, as criminal proceedings may sometimes be used in family disputes rather than cases involving actual abuse. The bench said legal responses should remain practical while continuing to protect children from exploitation.

During the hearing, discussions also focused on adolescent education, awareness about the POCSO Act, and better monitoring mechanisms. The Centre suggested introducing awareness programmes from Class 6 onwards, while Divan recommended a system to track POCSO cases. The Supreme Court said existing child rights committees under high courts could oversee monitoring and scheduled the next hearing in the matter for July 17.

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