The Supreme Court observed that the Protection of Children from Sexual Offences Act is increasingly being invoked in cases involving marital discord and consensual adolescent relationships, cautioning that such misuse undermines the law’s true intent. The Bench comprising Justice B.V. Nagarathna and Justice R. Mahadevan emphasized the urgent need to create awareness among boys and men regarding the legal implications of the POCSO Act and other sexual offence laws.

The Bench made these oral observations while hearing a public interest litigation (PIL) that seeks directions to promote awareness about the penal provisions related to rape and sexual offences under Indian law, including the POCSO Act. The petition, filed by Senior Advocate Aabad Harshad Ponda, calls for educational and social reforms aimed at building a safer and more informed environment for women and children.

During the proceedings, the Court remarked that there has been a growing tendency to invoke POCSO provisions even in matters that stem from family disputes or consensual relationships among adolescents. Stressing the importance of sensitization, the Bench observed that educating young men and boys about legal boundaries, respect, and accountability is vital to preventing misuse and ensuring the law serves its protective purpose.

The Apex Court noted that several States and Union Territories have yet to file their responses in the matter and accordingly adjourned the case to December 2 for further consideration.

The PIL urges the Union Ministry of Education to integrate lessons on the rights of women and children, gender equality, and moral education into the curriculum of schools providing compulsory education up to 14 years of age. It also calls for public information campaigns through the Ministry of Information and Broadcasting, the Central Board of Film Certification (CBFC), and other media platforms to raise awareness about sexual offences, the consequences of such crimes, and the scope of the POCSO Act.

Highlighting the transformative role of education, the plea underscores that changing the mindset of young boys must begin at the school level, to cultivate respect and understanding towards women and girls, and to prevent both exploitation and false implication under stringent sexual offence laws.

 

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Siddharth Raghuvanshi