A harrowing case of serial victimization has emerged from Odisha’s Berhampur, where a 17-year-old girl, who fled her home in Andhra Pradesh to escape sexual abuse by her stepfather, was allegedly drugged and gang-raped by two men and a minor.
The apex court said the Centre should consider steps to curb the misuse of POCSO Act, including the idea of a 'Romeo-Juliet clause' to shield consensual adolescent relationships from criminal prosecution.
At the heart of the dispute is the High Court’s prima facie view that the offence of aggravated penetrative sexual assault under the POCSO Act was not established against Sengar.
.The court also imposed a fine of Rs 11.75 lakh each, directing that failure to pay the fine would result in an additional 20 years of imprisonment.
"The law is being thrust upon boys. We should spread awareness among boys and men about the legal provisions," said the Supreme Court.
The boy has been booked under sections 65-ii (Whoever commits rape on a woman under twelve years of age) and 75 (physical contact and advances involving unwelcome and explicit sexual overtures) of the BNS and provisions of the POCSO Act.
With its judgment, the apex court's bench headed by Chief Justice D Y Chandrachud set aside the Madras High Court ruling that had said mere downloading and watching child pornography was not an offence under the Protection of Children from Sexual Offences (POCSO) Act and Information Technology (IT) Act.
Enacted in 2012, the Act was amended in 2019, with the aim to curb child pornography and implement stringent measures against individuals guilty of committing or recording sexual crimes against children.
The girl's mother alleged that 81-year-old Yediyurappa sexually assaulted her daughter during a meeting on February 2.
Among the charge-sheeted accused is T Naseer of Kannur in Kerala, who is serving a life sentence in the Central Prison in Bengaluru in a separate case since 2013.
Police registered 7988 cases in 2022 in comparison to 5471 in 2020 and 7261 the next year. Many of these cases were under the Protection of Children from Sexual Offences Act (POCS), the report said.
Consensual sexual activity among adolescents being criminalised under the law has been cited as a major reason for the suggested changes
A bench of Chief Justice DY Chandrachud and justices JB Pardiwala and Manoj Mishra issued notice to the Centre and tagged the plea of 'Bachpan Bachao Andolan' with a pending petition filed by the National Commission for Protection of Child Rights (NCPCR).
Justice Vikas Mahajan observed that the minor girl, aged 17 years and half at the relevant time, had sufficient maturity and intellectual capacity, and was prima facie in a consensual romantic relationship with the accused.
The POCSO law came after a long struggle to foreground the abuse of minors. But a big disappointment has been its inordinately high age of consent, pegged at 18, that doesn’t factor in teenage sexuality. This has led to wanton criminalisation and assaults on the autonomy of adolescents