The Allahabad High Court recently observed that the Protection of Children from Sexual Offences (POCSO) Act is being misused against teenagers in consensual romantic relationships, Bar and Bench reported.

Justice Krishan Pahal said there is a need for a nuanced approach and careful judicial consideration in such cases to ensure justice, the report added.

The challenge lies in distinguishing between genuine cases of exploitation and those involving consensual relationships, the court said.

“This court has every now and then expressed concern regarding the application of the Protection of Children from Sexual Offences (POCSO) Act on adolescents. While the Act’s primary objective is to protect children under the age of majority (18) from sexual exploitation, there are cases where it has been misused, particularly in consensual romantic relationships between teenage persons,” the Court said.

The court made these observations while granting bail to an accused in a POCSO case. The man was arrested on January 5 this year for allegedly “enticing away” the informant’s minor daughter in June 2023.

The accused’s counsel argued before the court that his client had been falsely implicated, as the woman was 18 years old and a consenting party as per her own statement. The court was informed that the accused and the woman were in a romantic relationship and had eloped and got married at a temple due to fear of their parents.

It was also revealed that the woman was six months pregnant at the time and has since given birth to a child. Seeking bail, the accused’s counsel informed the court that he intends to take responsibility for raising the child and expressed willingness to live with his married wife.

The court noted that the woman’s age was confirmed as 18 years based on an ossification test. It granted bail to the accused, with the condition that he would be responsible for the care of the woman and their child.

In addressing such cases, the high court noted several crucial principles. Firstly, it stressed the importance of assessing each case based on its unique facts and circumstances. This involves carefully examining the nature of the relationship and the intentions of both parties involved.

Secondly, the court highlighted the significance of considering the statement of the alleged victim. It emphasised that if a relationship is found to be consensual and rooted in mutual affection, this aspect should be taken into account when making decisions regarding bail and prosecution.

Thirdly, the court warned against the potential perversity of justice that could result from disregarding the consensual nature of relationships. It pointed out that such oversight could lead to unjust outcomes, including wrongful imprisonment. Therefore, the judicial system should strive to balance the protection of minors with the recognition of their autonomy in appropriate contexts, with age being a significant factor in this assessment.

Lastly, the court said that judges must exercise their discretion judiciously to ensure that the application of laws like POCSO (Protection of Children from Sexual Offences Act) does not inadvertently harm the very individuals it aims to protect.