Teenagers indulge in sex unaware of POCSO Act; imperative to raise awareness in schools: Kerala High Court

The Kerala High Court on Wednesday raised pertinent concerns regarding the impact of Protection of Children from Sexual Offences Act (POCSO Act) on adolescents, particularly with regard to consensual sexual relationships among them [Anoop v State of Kerala]..Justice Bechu Kurian Thomas, while considering a bail application, flagged the specific issue of cases being registered against teenagers who, while in a relationship beyond platonic love, often ended up unwittingly committing a crime punishable under the POCSO Act.Numerous teenagers indulge in sexual relationships, unmindful of the harsh consequences that the POCSO Act has in store for them, the Court observed."A meaningful life could practically be snuffed out by an immature or negligent act arising out of human curiosity or biological cravings, which psychologists regard as natural," the order stated.The Court said that State government along with the education department must take necessary steps, with the Court's assistance if needed, to tackle the issue of the alarming rise in the number of sexual offences involving school children."Young children, irrespective of gender, indulge in such acts, unmindful of the drastic consequences that await them. The amendments brought into the Indian Penal Code and the enactment of the POCSO Act envisage very harsh consequences for such offensive acts," the Court said in its order..It opined even though ignorance of law is not an excuse, i.e., ignorantia juris non excusat’, it is imperative to raise awareness about the POCSO Act among school children as one of the intentions of enacting it was to prevent sexual offences against minors."The curriculum must of necessity prescribe sessions/classes on the provisions of the POCSO Act as well as the amendments brought into section 376 of IPC. The educational machinery of the State has fallen woefully short in imparting the required awareness to the young children about the heinous crimes and its consequences," the Court stated..Justice Thomas noted that unfortunately, the POCSO Act sticks to a conservative idea of rape, without any regard to normal teenage feelings and urges."Unfortunately, the statute does not distinguish between the conservative concept of the term rape and the sexual interactions arising out of pure affection and biological changes. The statutes do not contemplate the biological inquisitiveness of adolescence and treat all 'intrusions' on bodily autonomy, whether by consent or otherwise, as rape for certain age group of victims," the Court observed..In order to explore the possibilities of methods in which the awareness can be created, the Court, in exercise of the powers under Article 226 of the Constitution of India, suo moto impleaded the State Department of Education, Central Board of Secondary Education and the Kerala State Legal Services Authority.The matter will be heard again on August 31. .[Read Order]