Supreme Court Flags Misuse of POCSO Act in Matrimonial and Elopement Cases, Plans Awareness Drive
Court warns against wrongful use of child protection law in family disputes
Public awareness and sex education may be introduced to prevent misuse
By Our Legal Reporter
New Delhi: November 05, 2025 — The Protection of Children from Sexual Offences Act (POCSO), 2012 was enacted to safeguard children from sexual abuse and exploitation. However, the Supreme Court of India has expressed concern that the law is being misused in matrimonial disputes and elopement cases, where families invoke its provisions against young men in consensual relationships with adolescent girls.
A bench of Justices B.V. Nagarathna and R. Mahadevan observed that while the Act is crucial for protecting minors, its misuse undermines both justice and the credibility of the law. The Court is now considering issuing directions for public awareness and possibly introducing sex education in schools to ensure that children, parents, and society understand the scope and intent of the law.
Background of the Case
The observations came during the hearing of a Public Interest Litigation (PIL) that sought directions to the Union Government and the Ministry of Education to incorporate sex education in school curricula and to sensitize children about anti-rape laws and the POCSO Act.
The petition argued that lack of awareness often leads to misinterpretation and misuse of the law. Families of adolescent girls, particularly in cases of elopement, have been filing POCSO cases against boys, even when the relationship was consensual.
Court’s Key Observations:
- Misuse in matrimonial disputes: The Act is sometimes invoked during marital discord, where allegations are exaggerated or misapplied.
- Consensual adolescent relationships: Families often file POCSO cases against boys when their daughters elope, even if the relationship was consensual.
- Need for awareness: The Court stressed that boys and men must be educated about the legal consequences of such cases.
- Public sensitization: Awareness campaigns and school-level education could help reduce misuse.
Justice Nagarathna remarked that while the law is essential, “its misuse in cases of marital discord and consensual adolescent relationships is a matter of concern.”
Why Misuse Happens
- Strict provisions: The Act is stringent, leaving little room for judicial discretion once charges are filed.
- Parental pressure: Families often use the law to separate couples in inter-caste or inter-religious relationships.
- Lack of awareness: Many people do not understand the difference between consensual adolescent relationships and actual sexual offences.
- Social stigma: Families sometimes use the law to protect their “honour” when daughters elope.
Impact of Misuse
- Wrongful criminalization: Young men face criminal charges, imprisonment, and social stigma.
- Judicial burden: Courts are flooded with cases that may not fit the true intent of the law.
- Dilution of purpose: Genuine victims of child sexual abuse may not get the attention they deserve if the law is overused.
- Psychological trauma: Both boys and girls in consensual relationships suffer long-term emotional harm.
Possible Solutions Discussed by the Court
- Public Awareness Campaigns: Nationwide efforts to explain the real scope of the POCSO Act.
- Sex Education in Schools: Teach adolescents about consent, legal age, and consequences of sexual offences.
- Guidelines for Police and Courts: Clear instructions to prevent automatic criminalization in consensual adolescent cases.
- Community Sensitization: Involve parents, teachers, and community leaders in spreading awareness.
Wider Legal and Social Debate
Legal experts and child rights activists agree that while the law is necessary, its rigid application sometimes criminalizes normal adolescent behavior. Several High Courts have granted relief to young couples, emphasizing that consensual adolescent relationships should not always be treated as sexual offences.
Conclusion
The Supreme Court’s intervention marks a significant step toward ensuring that the POCSO Act is applied fairly. By promoting awareness, education, and sensitivity, the Court aims to balance child protection with the prevention of legal misuse. These measures, once implemented, could reduce wrongful prosecutions and preserve the true intent of the law.