In a quiet village in India, a 15-year-old girl named Chandra found herself entangled in a relationship with 21-year-old Pandu from the same village. What began as a friendship soon blossomed into a romantic relationship. Chandra, still in school, confided in her friends about their relationship, describing it as completely consensual. The two would meet secretly, away from the watchful eyes of their families and community.
However, the relationship did not remain hidden for long. When Chandra’s parents discovered the relationship, they immediately took legal action against Pandu, accusing him of exploiting their daughter. Pandu was arrested and charged under Section 376 of the Indian Penal Code (IPC) for rape and under Section 6 of the Protection of Children from Sexual Offences (POCSO) Act for aggravated penetrative sexual assault. Despite Chandra’s insistence that the relationship was consensual, the legal system was swift and unforgiving, resulting in Pandu’s conviction.
A legal twist
As the case progressed, Chandra’s father, Babu, came across a newspaper article that caught his attention. The Calcutta High Court had recently suggested an amendment to the POCSO Act, proposing the decriminalization of consensual sexual acts between minors if there was no exploitation involved. This recommendation sparked heated debates across the country, as people began to question the implications of such a change.
Should the law differentiate between consensual and non-consensual acts when minors are involved?
Can a child truly give informed consent, considering their emotional and mental development?
Would such exceptions potentially lead to more severe forms of exploitation?
These questions weighed heavily on Babu’s mind as he followed the developments of his daughter’s case.
The supreme court’s decision
The Supreme Court, however, firmly disapproved of the Calcutta High Court’s suggestion. The apex court reinstated Pandu’s conviction, emphasising that the primary objective of the POCSO Act is to protect children from all forms of sexual exploitation, regardless of their consent. The court held that even if a settlement was reached between the parties, it could not excuse the offence, as the law is designed to uphold the rights and protection of minors.
The need for comprehensive training
To protect our children, we must go beyond legal measures. Awareness and education are critical in ensuring that children understand their rights and recognize inappropriate behaviour. Schools and higher education institutions must conduct mandatory sessions to teach children about safe and unsafe touch, the importance of speaking up, and the mechanisms available for redressal.
Parents and educators should foster an environment where children feel safe to express their concerns.Investing in training programs is essential to identify and address potential threats to children’s safety. Additionally, a robust, child-friendly redressal mechanism is crucial to ensure that the complaints are dealt with in an appropriate manner.
At Serein, we understand the importance of equipping both children and adults with the knowledge and tools needed to prevent sexual offences. Our comprehensive POCSO training programs are designed to create a safer environment for children by raising awareness, promoting understanding and ensuring effective redressal mechanisms.
Curious to know more?
Then, please write to us at hello@serein.in. Let’s work together to ensure the safety of children in every corner of society.