Supreme Court Seeks Centre's View On Suggestions To Improve Sex Education & Real-Time Tracking Of POCSO Cases

The Supreme Court has sought the views of the Central Government on the suggestions made by amici curiae on reforms in the sex education policy and real-time tracking and data collection of cases under the Protection of Children from Sexual Offences (POCSO) Act, 2012.A bench comprising Justice Abhay S Oka and Justice Ujjal Bhuyan was considering a peculiar case - relating to the conviction of a man under the POCSO- where the victim girl did not want the man to get punished, as she did not see the act as a "crime". Also, she (after attaining majority) was now married to the convict and a child was born to them. The victim, therefore, did not want the man to be sentenced, as it would now break her family.Amici curiae suggests not sentencing the accusedAlthough, on facts, the Court restored the conviction, regarding sentence, it adopted a different approach, considering the situation of the victim. The amici curiae appointed by the Court, Senior Advocates Madhavi Divan and Liz Mathew, informed the Court that the Delhi High Court in Ajay Kumar v. State (NCT of Delhi) and the Madras High Court in Vijayalakshmi v. State have interpreted the statement of objects and reasons of the POCSO Act as not intending to criminalize consensual romantic relationships between adolescents. The Madras High Court, in several cases has adopted a legal interpretation that consensual acts do not fulfil the requirement of 'assault' in the offence of 'penetrative sexual assault.' The Calcutta High Court in Ranjit Rajbanshi v. State of West Bengal, held that the POCSO Act defines “penetration” as a unilateral act by the accused, and therefore in cases of consensual intercourse, the act of penetration may not solely be attributed to the accused. Various High Courts have also considered the impact such prosecution has on the victim and have proceeded to quash the proceeding if pursuing the case would harm the victimThe amici curiae submitted that the rigid application of POCOS Act in cases of adolescent relationships can lead to outcomes that may not align with the best interests of the prosecutrix and her dependents. Broader suggestions made by amici cruiae They also made suggestions to promote to the overall adolescent well-being and comprehensive sexuality education. They highlighted that the UNESCO, The Journey Towards Comprehensive Sexuality Education: Global Status Report (2021) points out that in India, education policies on life-skills-based HIV and sexuality education is at the secondary education-level only. In light of this, they advocated for comprehensive sex education in India, stating that without systematic policy reforms, improved teacher training, and a more inclusive curriculum, India will continue to struggle in addressing rising adolescent health issues, misinformation, and the stigma surrounding sexual and reproductive health education.Further, they made suggestions for implementing a data collection mechanism for improving institutional accountability. They submitted that to ensure effective policy making, real-time accountability, and targeted interventions, it is crucial to establish a structured data collection mechanism at the state level. By collecting real-time data on key indicators—including sex education implementation, counselling services, POCSO case tracking, and child marriage monitoring—governments can enhance transparency and responsiveness in tackling these critical issues. Further, they submitted that integrating this data into a real-time dashboard will provide a publicly accessible, transparent mechanism for monitoring progress, holding institutions accountable, and making informed policy decisions.The Court, considering the peculiar facts and circumstances of the case, refrained from sentencing the convict, invoking its special powers under Article 142 of the Constitution.The Court also said that it cannot leave the case at that and has to take forward the suggestions made by the amici curiae. Therefore, it issued notice to the Union of India through the Secretary of the Ministry of Women and Child Development. Immediately on service of notice, the Secretary of the Ministry of Women and Child Development was directed to appoint a Committee of experts to deal with the suggestions of the amici curiae. Senior officers of the State shall be a part of the Committee. The Committee was directed to submit a detailed report by July 25 to the Court. The Law Commission of India has also suggested amendments to the POCSO Act to prevent the imprisonment of adolescents. BackgroundThe proceedings arose from a suo motu case which the Supreme Court initiated following controversial observations made by the Calcutta High Court while acquitting a 25-year-old man convicted under the POCSO Act for engaging in sexual activity with a minor girl. The High Court made remarks regarding adolescent sexuality, stating that female adolescents should control their sexual urges, among other directions addressed to adolescent...

Supreme Court Seeks Centre's View On Suggestions To Improve Sex Education & Real-Time Tracking Of POCSO Cases

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