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OPINION | Hearts Behind Bars: Rethinking How We Protect And Punish Under POCSO

14 0
04.06.2025

The Protection of Children from Sexual Offences (POCSO) Act, 2012 was enacted with the clear and commendable objective of safeguarding children from sexual abuse. However, more than a decade since its introduction, the law is increasingly facing scrutiny for its unintended consequences – particularly its impact on consensual romantic relationships between adolescents.

In its current form, the POCSO Act does not distinguish between exploitative abuse and consensual intimacy among teenagers. As a result, many young people find themselves caught in the criminal justice system for relationships that are neither harmful nor predatory.

POCSO defines any individual under 18 as a child, thereby criminalising all sexual activity involving minors, regardless of consent. While this framework aims to create a clear standard for protection, it also leads to situations where mutual adolescent relationships are treated on par with serious offences such as child molestation or assault.

For example, a consensual relationship between a 17-year-old girl and a 19-year-old boy falls within the purview of statutory rape under POCSO. Such cases—often reported by disapproving families—have led to young boys being prosecuted as criminals, and young girls being labelled as victims even........

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