Boys face consequences under POCSO Act for consensual adolescent relationships, says Madras High Court

The Madras High Court has set aside the conviction of an accused under the Protection of Children from Sexual Offences Act (POCSO Act), noting that young boys often end up facing legal consequences even when the relationship between the teenagers is consensual.

POCSO Act being misused by parents

According to the Madras High Court, parents who are opposed to teenage relationships often file cases under the POCSO Act to implicate boys.

“In cases involving consensual relationship between adolescents, it is often the young boy who ultimately bears the consequences. Under parental pressure, the girl may be compelled to marry another person, following which criminal proceedings are initiated against the boy under the POCSO Act, resulting in his prolonged incarceration,” Justice N Mala of the Madras HC said.

What is the case?

The court made the comments while setting aside the POCSO conviction of one Mahesh, who was sentenced to 20 years of rigorous imprisonment by a court in Nagarcoil, Bar and Bench reported.

The case dates back to 2018, when the complainant was 16 years old. She was in a relationship with the accused, who was a friend of her elder brother.

On March 4, 2018, the girl left her home and ‘married’ the accused at his relative's home after her parents allegedly tried to get her married to another person against her will.

The two stayed together till April 5, when, based on an anonymous call to the Child Helpline, they were located and handed over to the Nagercoil Police.

Things took another unexpected turn after the accused was booked under the POCSO Act, based on a complaint by the girl.

The accused was booked under charges of including kidnapping and aggravated penetrative sexual assault under Section 6 of the POCSO Act. He was sentenced to 20 years of rigorous imprisonment under POCSO charges and five years of rigorous imprisonment for kidnapping.

What Madras HC said

However, while hearing an appeal by the accused against the lower court’s conviction, the Madras HC noted that it was a typical case where a consensual adolescent sexual relationship ended on a discordant note due to parental differences.

The court also noted that the trial court had made a “fatal error” in accepting xerox copies of the victim’s birth certificate and transfer certificate to establish that she was a minor, when originals of these documents were admittedly available.

Justice Mala observed that if the secondary evidences are discarded, the case would fall apart as the prosecution relied on them to prove that the girl was a minor at the time.

While setting aside the conviction, the Madras HC also referred to a recent Supreme Court ruling in which it expressed concern about the misuse of the POCSO Act in cases involving consensual adolescent relationships.

SC observation on POCSO misuse

In January, the SC had suggested that the Government should consider introducing a Romeo-Juliet clause exemption in consenting adolescent relationships to prevent the misuse of the POCSO Act.

In the past, too, 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 young boy.

Courts have also suggested the law should evolve to respect adolescent relationships that are free from coercion, arguing that punishing such cases is neither just nor practical.