The Supreme Court of India has asked the Central Government to respond to suggestions made by amici curiae regarding improvements in sex education policy and real-time tracking of cases under the Protection of Children from Sexual Offences (POCSO) Act, 2012. This development arose from a case involving a man convicted under the POCSO Act, where the victim, now an adult and married to the accused with a child, did not want him to be punished as it would break her family.
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“Considering the unique facts of the case, the Court refrained from sentencing the convict, using its special powers under Article 142 of the Constitution,” the bench led by Justice Abhay S Oka and Justice Ujjal Bhuyan stated.
The amici curiae, Senior Advocates Madhavi Divan and Liz Mathew, highlighted how some High Courts, including Delhi and Madras, have interpreted the POCSO Act to not criminalize consensual romantic relationships between adolescents. They cited cases like Ajay Kumar v. State (NCT of Delhi) and Vijayalakshmi v. State, where courts emphasized the impact of rigid application of the Act on victims and their families. The Calcutta High Court, in Ranjit Rajbanshi v. State of West Bengal, also interpreted that consensual intercourse should not automatically lead to conviction.
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The amici curiae suggested broader reforms, advocating for comprehensive sexuality education. They referred to the UNESCO Global Status Report (2021), which noted that India’s life-skills-based HIV and sexuality education is limited to secondary education. They argued that India needs improved policies, better-trained teachers, and a more inclusive curriculum to address adolescent health issues, misinformation, and stigma surrounding sexual and reproductive health.
The amici also recommended establishing a structured data collection system to ensure transparency and effective policymaking. They proposed a real-time dashboard tracking key indicators like sex education implementation, counselling services, POCSO case progress, and child marriage monitoring. “Integrating this data into a public dashboard would enhance institutional accountability and enable informed decisions,” they submitted.
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In response, the Court directed the Ministry of Women and Child Development to form a Committee of Experts, including senior state officers, to examine these suggestions. The Committee was asked to submit a detailed report by July 25, 2025.
The case began as a suo motu proceeding, after controversial remarks by the Calcutta High Court during the acquittal of a man under the POCSO Act. The High Court’s comments, including advice to adolescent girls to control sexual urges, were set aside by the Supreme Court on August 20, 2024. The apex court restored the man’s conviction under Sections 6 of POCSO and 376(3) and 376(2)(n) of the IPC, while overturning his acquittal under Sections 363 and 366 IPC. The Court also issued judgment writing guidelines, criticizing the High Court’s remarks as “objectionable and violative of Article 21 of the Constitution.”
The Law Commission of India has recommended amendments to the POCSO Act to prevent adolescent imprisonment. The Court directed the West Bengal Government to set up a three-member expert committee, including a clinical psychologist, a social scientist, and a child welfare officer. This committee, with support from institutions like NIMHANS or TISS, was tasked with informing the victim about available support and helping her decide whether to stay with the accused. The committee was to submit a sealed report, which would inform the final sentencing decision.
Additionally, the Court ordered that its judgment be shared with Law and Justice Departments across all States and Union Territories. These departments were instructed to convene meetings, ensure strict compliance with Section 19(6) of the POCSO Act and relevant Juvenile Justice (JJ) Act provisions, and consider framing Rules to implement Section 46 of the JJ Act. Reports were to be submitted to the Ministry of Women and Child Development for a final compilation.
On October 24, 2024, the Court noted the State’s assurance of providing quality education to the victim’s child. Later, on April 3, 2025, after consulting with the expert committee and the victim, the Court acknowledged her need for financial assistance. It suggested that after her 10th Board exams, she should explore vocational training or part-time work with support from the West Bengal State Legal Services Authority.
Case no. – SMW(C) No. 3/2023
Case Title – In Re: Right To Privacy Of Adolescents
