The Supreme Court of India on Tuesday orally remarked that the Protection of Children from Sexual Offences (POCSO) Act is being misused in cases involving marital discord and consensual relationships between adolescents. While hearing a Public Interest Litigation (PIL) seeking widespread awareness about laws related to sexual offences, a bench stressed the need to educate boys and men about the Act’s legal provisions.
The PIL, filed by senior advocate Aabad Harshad Ponda, seeks directions to sensitise the public about the penal provisions for rape and the POCSO Act to improve safety for women and girls. The apex court had previously issued notices to the Centre, the Union Ministry of Education, the Union Ministry of Information and Broadcasting, and the Central Board of Film Certification (CBFC) in response to the plea.
During the hearing on Tuesday, the bench, comprising Justice B V Nagarathna and Justice R Mahadevan, made key observations regarding the application of the POCSO Act. “One thing, we would like to remark. POCSO Act is being misused in cases of marital discords and matters pertaining to consensual relationships between adolescents. We should spread awareness in boys and men about the legal provisions,” the bench remarked orally.
The petitioner, Mr. Ponda, has argued for the necessity of informing the public about the laws concerning rape, particularly the changes implemented after the Nirbhaya case.
The plea advocates for several measures, including a direction to the Ministry of Education to instruct all educational institutions providing free and compulsory education (up to age 14) to incorporate the penal provisions for offences against women and children into their curriculum.
Furthermore, the PIL contends that moral training should be included in the curriculum to foster awareness about sexual equality, the rights of women and girls, and their freedom to live with dignity. “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,” the plea states.
The petition also seeks similar directions for the Ministry of Information and Broadcasting, the CBFC, and other broadcasting authorities to highlight the “folly of committing rape and its punishments” and to educate the public about the POCSO Act.
The Supreme Court noted that some states and union territories have not yet filed their responses in the matter and adjourned the hearing to December 2.
