New Delhi: On Monday, July 13, the Supreme Court once again raised questions on the use of POCSO Act. Justice B.V. Nagarathna and Justice R. Mahadevan’s bench said that teenagers aged 15 to 18 years enter into consensual relationships and often run away from home. In such a situation, parents file a case under POCSO Act to save their honor. The court directly asked whether the government can stop teenage boys and girls from running away? And does every consensual relationship become a POCSO case?
What did the court say?
According to the Bar and Bench report, the bench said, "POCSO Act is made to protect children from sexual exploitation and harassment. The age group of 15-18 years is sensitive. This is the age to try something new. The question is, is it right to make every relationship a criminal case?" The court also said that at the age of 16-18 years, children form relationships and leave home. Later we have to acquit people in the same cases.
What was the matter?
The hearing took place in a suo motu case to the right to privacy of teenagers. This case started after the controversial decision of Calcutta High Court in which the girls were told that they "two minutes of happiness" Do not get entangled in relationships and focus on your sexual desires "control" Keep.
The Supreme Court has already rejected that comment. Senior Advocate Madhavi Divan said that this case started with the eloping of a minor girl with a 25 year old youth. Now that matter has been resolved. The girl is living with her husband and they also have a child.
The court had formed a committee in this matter. The report by social workers mentioned flaws in the system in POCSO cases. Diwan said that under POCSO, minors have the right to rehabilitation and help, but sending them to jail is not the solution in every case.
Need for system and awareness
During the hearing, the court asked whether this was a case of escape or kidnapping. Diwan said that the girl had gone of her own free will. On this the court commented that a system is needed to prevent such a situation.
The central government told the court that it is proposing to bring awareness on POCSO and sex education from class 6 in a phased manner. The aim is that children get correct information about law, safety and their rights.
The government says that it is necessary to bring sensitivity at an early age, so that youth of 17-18 years do not have to go to jail for every small matter. Now the court has given instructions to take further action on the suggestions of the Centre.
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