Context and Background
- Section 19 of POCSO Act (2012) mandates reporting of any sexual activity involving minors (below 18), even if consensual.
- The age of consent was raised from 16 to 18 years with the enactment of the POCSO Act.
- The provision criminalises all sexual activity involving adolescents, regardless of mutual consent.
Relevance : GS2 (Governance, Vulnerable Sections, Health).
Issue Raised
- Senior Advocate Indira Jaising (amicuscuriae) argued that:
- Voluntary sexual activity between adolescents is being criminalised.
- This undermines reproductive and mental health rights, especially of girls.
- Parents, doctors, and guardians are punished for not reporting, even if acting in the best interests of the minor.
- Medical professionals are forced to report to police even when adolescents seek care voluntarily , leading to:
- Reluctance to seek help from formal health systems.
- A shift to unqualified quacks, endangering adolescent health.
Key Legal Tension
- Intention of Section 19:
- Ensure timely state intervention and protection of children from sexual offences.
- Unintended Consequences:
- Criminalisation of consensual adolescent relationships.
- Violation of right to health and privacy.
- Deterrent to seeking medical and psychological care.
Broader Implications
- Brings focus on the gap between law and adolescent realities.
- Raises questions about:
- Need for reform in the age of consent laws.
- Balancing child protection with bodily autonomy and health rights.
- May influence future legal reforms or judicial interpretation of POCSO provisions.
