The Madras High Court overturned the conviction of an accused under the Protection of Children from Sexual Offenders (POCSO Act), saying young boys often face legal consequences even when the relationship between the teenagers is consensual.
POCSO Act is misused by parents
According to the Madras High Court, parents who oppose relationships between teenagers often file cases under the POCSO Act to implicate boys.
“In cases involving consensual relationship between minors, it is often the young boy who ultimately bears the consequences. Under parental pressure, the girl may be forced to marry another person, after which criminal proceedings are initiated against the boy under the POCSO Act, leading to his prolonged imprisonment,” said Justice N Mala of the Madras HC.
what is it about
The court expressed this while staying the POCSO conviction of one Mahesh, who was sentenced to 20 years rigorous imprisonment by the Nagarcoil court, the Bar and Bench said.
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The case goes back to 2018, when the complainant was 16 years old. She was in a relationship with the accused who was her elder brother’s friend.
On March 4, 2018, the girl left home and ‘married’ the accused at his relative’s place after her parents allegedly tried to get her married to someone else against her will.
The two stayed together till April 5, when they were traced and handed over to the Nagercoil police on the basis of an anonymous call to the Child Helpline.
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Things took another unexpected turn after the accused was handed over under the POCSO Act on the complaint of the girl.
The accused was charged with kidnapping and aggravated penetrative sexual assault under Section 6 of the POCSO Act. He was sentenced to 20 years rigorous imprisonment on the POCSO charge and five years rigorous imprisonment for kidnapping.
What Madras HC said
However, while hearing the accused’s appeal against the lower court’s conviction, the Madras HC noted that this was a typical case where a consensual sexual relationship between minors ended in disagreement due to differences between the parents.
The court also noted that the trial court committed a “fatal error” in accepting xerox copies of the victim’s birth certificate and transfer certificate to prove that she was a minor, although the originals of these documents were available.
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Justice Mala noted that if the secondary evidence is thrown out, the case would fall apart as it was relied upon by the prosecution to prove that the girl was a minor at the time.
In staying the sentencing, the Madras HC also referred to a recent Supreme Court decision expressing concern over the misuse of the POCSO Act in cases involving consensual relationships between minors.
SC observation on misuse of POCSO
In January, the oversight committee suggested that the government consider introducing an exemption to the Romeo-Juliet clause in consensual relationships with minors to prevent misuse of the POCSO Act.
In the past, several courts, including the Delhi High Court and the Kerala High Court, have also observed that the POCSO Act is often misapplied or used as a weapon by families who object to a minor girl’s romantic relationship with a minor boy.
Courts have also suggested that the law evolve to respect teenage relationships that are free of coercion, arguing that punishing such cases is neither fair nor practical.
Key things
- The POCSO Act can be misused in cases of consensual relationships between minors, leading to unfair legal consequences for young boys.
- The decision of the Madras High Court is in line with the previous observations of other courts regarding the need for a “Romeo-Juliet” clause.
- Parental objections often lead to legal action under POCSO, raising concerns about the law’s impact on relationships between juveniles.
