The Issue with Criminalising all Adolescent Relationships

The Supreme Court’s 2025 judgment highlights challenges in POCSO Act’s blanket criminalisation of adolescent consensual relationships, urging reforms to balance child protection with adolescents’ rights, consent, and social realities.

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Context

  • The editorial discusses the Supreme Court's judgment in Re: Right to Privacy of Adolescents (May 2025), which reflects the limitations of a blanket criminalisation approach under the POCSO Act. It examines how such laws, though aimed at child protection, can paradoxically harm adolescents in consensual relationships, especially in marginalised contexts.

Background

  • The editorial analyses the Supreme Court's exceptional decision in Re: Right to Privacy of Adolescents (2025), where the accused was spared a prison sentence under Article 142.
  • It involved a consensual relationship between a 14-year-old girl and a 25-yearold man, resulting in child marriage and parenthood.
  • The Court acknowledged the girl's distress, lack of family support, and the toll of prolonged legal proceedings.
  • Multiple courts dealt with the case, highlighting both legal constraints and sociocultural realities of adolescent relationships.

The Protection of Children from Sexual Offences (POCSO) Act 

  • Enacted in 2012, administered by the Ministry of Women and Child Development. 
  • First comprehensive law addressing sexual abuse of children in India.
  • Aims to protect children from sexual assault, harassment, and pornographic content.
  • Provides for the establishment of Special Courts for speedy trials.
  • Amended in 2019 to increase penalties and strengthen deterrence.
  • Key Provisions: Gender-neutral: Defines a child as "any person" under 18.
  • Mandatory reporting: Failure to report abuse by responsible adults is punishable.
  • No limitation on reporting: Complaints can be filed anytime, even after years.
  • Victim's identity protected: Media cannot reveal the identity without court permission.

Challenges Highlighted 

  • POCSO Act's rigidity: It criminalises all adolescent sexual activity below 18, regardless of consent or context.
  • Paternalistic legal approach: Assumes all adolescents are victims, denying their agency. 
  • Lack of systemic support: Institutionalisation, humiliation, and abandonment are common, not protective.
  • Empirical mismatch: Large number of cases (24.3% in Assam, Maharashtra, WB) under POCSO involve consensual romantic relationships.
  • Judicial reluctance: Courts are unwilling to treat consensual adolescent relationships as non-criminal due to fear of backlash or lack of legislative change.
  • Impact on adolescents: Emotional, financial, and social consequences are severe, especially for young girls.

Way Forward

  • Revisit age of consent: Recognise consensual relationships above 16 years with safeguards. 
  • Shift from punishment to protection: Focus on consent, coercion, and power dynamics rather than age alone.
  • Reform POCSO Act: Include provisions to differentiate exploitative from non-exploitative adolescent relationships.
  • Expand state support systems: Improve child protection services, reduce institutionalisation, and address root causes like poverty and patriarchy.
  • Decriminalisation and Education: Introduce sexuality education and life-skills to equip adolescents for informed choices.


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