In a sharp critique on Tuesday, the Supreme Court denounced the Calcutta High Court’s suggestion to amend the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) to decriminalize consensual sexual acts among adolescents over sixteen. The apex court took issue with the High Court’s observation that “non-exploitative” sexual acts among older teens could be considered romantic, expressing surprise that such an act could be termed anything other than a serious crime.
The High Court had made these comments while overturning the conviction of a 25-year-old man for raping a 14-year-old girl, a decision based on a so-called “settlement” between the convict and the victim. The Supreme Court reinstated the conviction, emphasizing that penetrative intercourse with a minor, regardless of consent, constitutes rape under the law.
The Supreme Court criticized the High Court for undermining the legal framework meant to protect minors, particularly noting that the case involved a minor victim who was only 14 years old, not an older adolescent. The Supreme Court clarified that the judiciary’s role is to enforce the law, not to reinterpret it based on personal views or perceived societal trends.
The Supreme Court also condemned the High Court’s reasoning that “consensual” and “non-exploitative” acts among adolescents should be exempted from prosecution under the POCSO Act. The apex court stressed that such observations should be left to experts and should not be made in a legal judgment.
Furthermore, the Supreme Court dismissed the High Court’s reliance on the victim’s current cohabitation with the accused to overturn the conviction. The Court reiterated that serious crimes, like rape, cannot be quashed based on a settlement between the victim and the accused.
Finally, the Supreme Court ordered the West Bengal government to establish a committee of experts to assist the victim in making informed decisions about her future. This committee is also tasked with reviewing the state’s support measures for the victim and her child, with a report due by October 2024.
The Supreme Court’s ruling underscores the importance of adhering to the legal protections established for minors under the POCSO Act, highlighting that any deviation from these protections in the guise of reinterpreting the law could set a dangerous precedent.
