Calcutta HC expresses concern over POCSO Act conflating sexual abuse with consensual sex among adolescents
Kolkata, Oct 20 (IANS) The Calcutta High Court has expressed concern over the issues of sexual abuses and consensual sex among adults getting conflated in the Protection of Children from Sexual Offences (POCSO) Act.
A division bench of Justice Chitta Ranjan Das and Justice Partha Sarathi Sen also observed there is a need for compressive rights based on sexual education.
The observation came as it overturned an earlier order by a lower court sentencing a teenager to 20 years imprisonment for having sex with his romantic partner, who is also a minor.
The division bench acquitted the teenager boy after the minor girl, also a teenager, admitted that the physical relations were consensual since both have decided to marry each other at a later stage. She also admitted that neither she nor romantic partner, both hailing from remote rural areas, were aware that 18 was the official age of sexual relationship as per Indian law.
The division bench passed the order on Thursday, though the copy of the order was uploaded on the website of the high court on Friday.
However, the division bench also had some advice for adolescent boys and girls.
According to it, while adolescent boys should learn to respect girls of their age, adolescent girls should learn how to control their sexual urges. The court also observed that the parents too have the responsibility of educating their children on this count.
According to the division bench, all have to be careful that a mere two minutes of pleasure does not result in loss of social dignity.