SC expresses concern over misuse of POCSO Act

Expressing concern over misuse of the Protection of Children from Sexual Offences (POCSO) Act in marital discords and consensual relationships between adolescents, the Supreme Court on Tuesday stressed the need to spread awareness among boys and men about its legal provisions.

“One thing, we would like to remark — the POCSO Act is being misused in cases of marital discord and matters pertaining to consensual relationships between adolescents. We should spread awareness in boys and men about the legal provisions,” a Bench led by Justice BV Nagarathna said while hearing a PIL seeking directions to sensitise people about penal provisions of rape and the POCSO Act to make India a better place for girls and women.

The Supreme Court adjourned the PIL to December 2 as some states and Union Territories had not filed their replies to the PIL.

The top court has already issued notices to the Centre, the Union Ministries of Education and Information and Broadcasting and the Central Board of Film Certification (CBFC) on the plea filed by senior advocate Aabad Harshad Ponda. He said there is need to inform people about the laws regarding rape and the change in such laws after the Nirbhaya case.

The petition sought measures, including directing the Education Ministry to ask all educational institutions providing free and compulsory education to children aged up to 14 years to incorporate the penal provisions regarding offences against women and children.

The subject of moral training also has to be included to ensure awareness about sexual equality, the rights of women and girls and their freedom to live with dignity, it said.

“Particularly, endeavours are required to be made to change the mindset of the boys in this country, an exercise that must start at the level of school,” it submitted.