Court order
The Madurai Bench of the Madras High Court has directed the Tamil Nadu government to consider conducting awareness programmes in schools and colleges on the POCSO Act, stating that better clarity about the law can help prevent its misuse.
Case background
Police had booked a boy under the POCSO Act on allegations that he abducted a minor girl with the intention of forcing marriage and sexually assaulted her. A POCSO special court later sentenced him to 20 years in prison, which he challenged in appeal.
What the High Court noted
Justice N. Mala set aside the trial court’s order, observing that the matter appeared to be a case of consensual adolescent relationship that turned bitter due to parental disagreement. The court noted that in such cases, the boy often ends up facing the consequences, including prolonged incarceration.
References to earlier observations
The order referred to observations of the Delhi High Court that POCSO cases are often filed at the instigation of a girl’s family against teenage relationships, leading to boys languishing in prisons. It also cited Supreme Court observations that the law is being misused and that steps are needed, including action against those who file cases with a vendetta.
Direction to the State
The court said lack of adequate understanding of the POCSO Act and its provisions is a key reason for misuse. It asked the Chief Secretary to examine holding awareness camps and to file a report on steps taken by June 3.
