🧠 Should All Adolescent Relationships Be Criminalised? Rethinking the POCSO Act

The POCSO Act (Protection of Children from Sexual Offences Act, 2012) was created to shield minors from sexual abuse. Its intention is noble — to protect children under 18 from exploitation. However, the way it is being implemented raises a critical question:

Should consensual adolescent relationships also be treated as criminal acts?

In many cases, teenagers aged 16–18, who engage in consensual relationships, are being prosecuted under POCSO. Even when the age gap is minimal — say 17 and 19 — the law doesn’t differentiate. It treats all sexual activity under 18 as a punishable offence, regardless of consent.

This blanket criminalisation contradicts the very spirit of the Act — protection, not punishment.

What’s more concerning is the misuse of this law. Families sometimes invoke POCSO to break inter-caste or disapproved relationships. There have been instances where boys from marginalised communities face serious charges, not because of exploitation, but because of societal disapproval.

At the same time, the vulnerability of adolescents must be acknowledged. They are at an impressionable age and may not always fully understand consent or the risks involved. Therefore, caution is needed.

Courts like the Madras High Court have shown the way forward — suggesting judicial discretion and context-sensitive decisions, especially when the age gap is less than 5 years.

🧭 Perhaps the way ahead is not to dilute the law, but to apply it with sensitivity. We must balance protection with autonomy, and ensure that the law is a shield — not a weapon.

🔍 #POCSO #ChildRights #LawAndJustice #AdolescentRights #LegalReform #SocialJustice #PolicyMatters #HumanRights #GenderJustice #YouthVoice #LegalAwareness #JudicialReform