POCSO Act - Needs To Create Awareness In Schools: Kerala HC

The Kerala High Court raised pertinent concerns regarding the impact of the Protection of Children from Sexual Offenses Act (POCSO Act) on adolescents, specifically with regard to their nonconsensual sexual relationships [Anoop v. State of Kerala]. Justice Bechu Kurian Thomas, while considering a bail application, brought up the specific issue of cases being filed against adolescents who, while in a relationship beyond platonic love, frequently unwittingly committed a POCSO Act-prohibited offence.

The Court observed that numerous adolescents engage in sexual relationships without regard for the severe consequences that the POCSO Act has in store for them.

The order stated, "A meaningful life could be practically extinguished by an immature or negligent act motivated by human curiosity or biological cravings, which psychologists consider natural."

The Court ruled that the State government and the education department must take the necessary measures, with the Court's assistance if necessary, to combat the alarming increase in the number of sexual offences involving schoolchildren.

"Young children, regardless of gender, engage in such behaviour oblivious to the dire consequences that await them. The amendments to the Indian Penal Code and the enactment of the POCSO Act stipulate extremely severe penalties for such offensive conduct "stated the Court in its order.

It opined that despite the fact that ignorance of the law is not an excuse, i.e., ignorantia juris non excusat, it is imperative to educate schoolchildren about the POCSO Act, as one of its purposes was to prevent sexual offences against minors.

"The curriculum must stipulate sessions/classes on the provisions of the POCSO Act and the amendments made to section 376 of the IPC. The state's educational system has grossly failed to educate young children about heinous crimes and their repercussions "the Judge ruled.

Justice Thomas observed that, unfortunately, the POCSO Act adheres to a conservative conception of rape, disregarding normal teenage emotions and desires.

"Unfortunately, the law makes no distinction between the traditional definition of rape and sexual interactions resulting from pure affection and biological changes. Statutes do not account for the biological curiosity of adolescents and classify all 'intrusions' into bodily autonomy, whether with or without consent, as rape for a certain age group of victims "the Judge remarked.

In accordance with Article 226 of the Constitution of India, the Court impleaded the State Department of Education, the Central Board of Secondary Education, and the Kerala State Legal Services Authority suo moto in order to explore the possibilities of methods by which awareness can be raised.

On August 31, the matter will be heard again.

D.D: - 08 JUNE 2022

Anoop v/s State of Kerala