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Synopsis

The Calcutta High Court has expressed reservations about the Protection of Children from Sexual Offences Act (POCSO Act) "unjustly" equating consensual acts among adolescents with sexual abuse.

A division bench of Justices Chitta Ranjan Dash and Partha Sarathi Sen called for a balanced approach between protecting children and avoiding the criminalization of consensual acts among adolescents above 16 years.

The court highlighted the unintended consequence of the POCSO Act, which has led to the restriction of the liberties of young people engaged in consensual relationships. It stressed the necessity of legal amendments to decriminalize consensual sexual acts involving adolescents above 16 years while ensuring the protection of children under 18 years from sexual offenses under the POCSO Act.

The bench observed that the POCSO Act fails to strike an effective balance between protecting adolescents from sexual abuse and recognizing their normative sexual behavior. The unintended consequence has been the exposure of those engaged in consensual and non-exploitative relationships to the risk of criminal prosecution, compromising the intended child protection mandate.

Furthermore, the court noted that the law aimed at addressing child sexual abuse is being used against adolescents, particularly to curtail the sexual expressions of adolescent girls to safeguard family honor.

The court advocated for the introduction of comprehensive sexual education, emphasizing the need for all children and adolescents to receive rights-based comprehensive sexual education. It called for legal and policy reforms to ensure confidential and barrier-free access for adolescents to sexual and reproductive health services. The integration of comprehensive sexuality and life skill education into the school curriculum was also recommended.

These observations were made during the hearing of an appeal filed by a young man convicted under the POCSO Act for a case involving a minor girl who gave birth to a child at the age of 17. The court, in its detailed judgment, proposed a 'duty/obligation-based approach' to address the issue and called for parental guidance and education to recognize inappropriate advances and bad company.

The Calcutta High Court concluded by quashing the conviction order against the appellant, citing the need for adolescents to follow a salutary legal principle and proceed on the path of self-development without being influenced by the urgent urge for sex.

Case Title: Probhat Purkait @ Provat vs State of West Bengal