AA Edit:Educate Teens About Pocso

The Protection of Children from Sexual Offences (Pocso) Act was legislated to protect minors from abuse, exploitation and predation. Its role as a strong legal shield for minor girls remains unquestionable. However, as is the case with every law, some people try to misuse it either for their own benefit or other’s disadvantage — something that the Supreme Court has recently flagged about the Pocso law.

While hearing an unrelated petition, the Supreme Court observed that the Pocso law was being invoked as a form of retribution in situations not envisaged by the legislature and found the need for greater legal awareness, particularly among male adolescents, who are often at the receiving end of such prosecution.

Over the years, courts have dealt with numerous cases where the parents of a minor girl have invoked Pocso provisions against boys, including those of similar age to their daughters, if their relationship is not acceptable to them.

Similarly, several laws designed for the protection of people, who are considered physically or socially weak, were misused. The list includes the legal provisions to prevent dowry harassment, the Protection of Women from Domestic Violence Act and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

In view of the misuse, the courts through their judgments softened those laws. However, the Pocso law should not meet a similar fate as it would defeat the purpose stated in the law itself. Even for adults, sex under a false promise of marriage is a criminal offense under Section 69 of the Bharatiya Nyaya Sanhita, 2023.

As such a minor girl could be more of an easy target for fraudsters. Love, therefore, cannot be grounds to lower safeguards. However, as observed by the Supreme Court, the government should educate teenagers about the Pocso law and its consequences in schools to ensure that both minor girls and minor boys remain safe till they attain the age of consent.