New Delhi, August 20, 2024 (HS): The Supreme Court on Tuesday dismissed as "unwarranted" the suggestions made by a Calcutta High Court Bench in a 2023 judgment that proposed amending the Protection of Children from Sexual Offences (POCSO) Act, 2012, to decriminalize consensual sexual acts involving adolescents above 16 years of age.
A Bench led by Justice A.S. Oka also strongly criticized the High Court for "surprisingly carving out a non-existing category of romantic cases in rape cases." The Supreme Court’s remarks came in response to a case involving the sexual assault of a 14-year-old girl by a 25-year-old man in 2018. The victim was reportedly forced to marry her assailant, and the couple now has a child.
The Supreme Court emphasized that the High Court's suggestions and categorizations were not only inappropriate but also undermined the protective intent of the POCSO Act, which is designed to safeguard minors from sexual offenses. The judgment serves as a reminder of the stringent application of the POCSO Act in cases involving minors, without exceptions for so-called "romantic" circumstances.
