Supreme Court Questions Government on Teen Runaways and POCSO Misuse

Supreme Court Raises Concerns Over Teen Runaways

On Monday, the Supreme Court expressed its concerns regarding the government's and administration's approach to incidents where teenagers elope due to romantic relationships. The court also highlighted serious worries about the alleged misuse of the POCSO Act (Protection of Children from Sexual Offences) against adolescents engaging in consensual sexual relationships.

A bench comprising Justice B.V. Nagarathna and Justice R. Mahadevan remarked that when teenage girls leave with their partners, parents often file criminal complaints to protect their so-called social status or honor. The court clarified that the primary aim of the POCSO law is to safeguard children from sexual abuse and exploitation. The bench further noted that the ages between 15 and 18 are particularly sensitive, marking a time of experimentation in life, raising the question of whether such cases genuinely fall under the POCSO Act.

The Supreme Court is hearing a suo motu case related to the right to privacy of minors. This legal process was initiated following a controversial ruling by the Calcutta High Court in 2023, which advised teenage girls to control their sexual desires. This ruling was overturned by the Supreme Court in 2024, which issued several directives regarding the privacy rights of adolescents.

Senior advocate Madhavi Diwan, assisting the court in this matter, reported that a comprehensive report addressing the failures in handling POCSO cases has been submitted. She provided an example of a minor girl who eloped with a 25-year-old man and is now happy with him, having a child together. Diwan argued for the need for a robust system to prevent the misuse of the law, as even teenagers involved in consensual relationships face imprisonment.

The court also noted that physical relationships among teenagers existed even before the legal age of consent was raised from 16 to 18 in 2012. The bench emphasized that following the increase in the age of consent, such cases have become legally invalid. The court insisted that any directives issued in this regard should be practical to effectively enhance the welfare of minors and child protection measures. The next hearing in this case is scheduled for July 17.