CJI DY Chandrachud Urges Parliament to Address Concerns About Age of Consent Under POCSO Act

GG News Bureau

New Delhi, 11th Dec. Chief Justice of India DY Chandrachud on Saturday urged the Legislature to address growing concerns about the POCSO Act, which criminalises consensual sexual activities even in ‘romantic’ relationships for those under the age of 18.

The CJI was speaking as the keynote speaker at a two-day national consultation on the POCSO Act, which was organised by the Supreme Court Committee on Juvenile Justice in association with UNICEF.

He stated that one of the topics the panel would discuss during the session is POCSO court judgments in ‘romantic cases,’ or cases where consenting adolescents engage in sexual activity.

“I note that the topic for one of the panel discussions today is to do with the judgments of POCSO courts in ‘romantic cases’ or cases where consenting adolescents engage in sexual activity. As you are no doubt aware, the POCSO Act criminalises all sexual activity for those under the age of 18 regardless of whether consent is factually present between the two minors in a particular case. In my time as a judge, I have observed that this category of cases poses difficult questions for judges across the spectrum. There is growing concern surrounding this issue, which must be considered by the Legislature in light of reliable research by experts in adolescent healthcare,” said the CJI.

Furthermore, the CJI stated that sexual abuse of children continues to be a hidden problem due to a culture of silence, and that the state must encourage families to report abuse even if the perpetrator is a family member.

He believes that children should be taught the difference between safe and unsafe touch.

According to the CJI, families of victims are extremely hesitant to file a complaint with the police, so one must be extremely cautious about entrusting excessive powers to the police.

“Above all, there is an urgent need to ensure that the so-called honour of the family is not prioritised above the best interest of the child,” said the CJI.

According to CJI Chandrachud, it is an unfortunate fact that the criminal justice system sometimes compounds the victims’ trauma, and the Executive must therefore work with the judiciary to prevent this from happening.