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Synopsis

The Kerala High Court has raised concerns over the issue of the "alarming rise in the number of sexual offences committed on school children by immature or negligent acts arising out of human curiosity or biological cravings".

Expressing concerns over the state's inability to curb such cases, Court noted that the educational machinery of the State has fallen "woefully short in imparting the required awareness to the young children about the heinous crimes and its consequences".

A bench of Justice Bechu Kurian Thomas noted, "In many cases, the perpetrators of the crime are either students or persons young in age, and the alleged crime-a result of relationships that went beyond platonic love."

The order has been passed in a bail application filed in a similar case. Wherein the bench opined that young children, irrespective of gender, indulge in such acts, unmindful of the drastic consequences that await them.

"A meaningful life could practically be snuffed out by an immature or negligent act arising out of human curiosity or biological cravings, which Psychologists regard as natural. However, the statutory diktat, on the scope and purport of the terms sexual assault, aggravated sexual assault and penetrative sexual assault apart from minimum punishments are most often, unknown to the students and youths," the bench added.

The bench further noted that Though we harp upon the resplendent legal maxim ‘ignorantia juris non excusat’, (Ignorance of law is not an excuse), the real purpose of the amendments brought into section 376 IPC and the enactment of the POCSO Act are manifold.

"Punishment of the offender is only one while prevention is another. The latter purpose will be achieved only if consciousness and awareness of its provisions are created from the schools itself," the bench added.

The bench suo moto impleaded Government of Kerala, Central Board of Secondary Education and Kerala State Legal Services Authority to issue directions for paving the way for better awareness of the statutes concerned in schools in Kerala.

The court opined that "Time has come for this Court to step in to explore the possibilities of methods in which the awareness can be created. To enable the State Government to come up with suggestions for imparting the aforementioned awareness."

Case Title: ANOOP Vs. STATE OF KERALA & ORS.