NEW DELHI: Noting that the POCSO Act is being misused in cases of marital discord and consensual relationships between adolescents, the Supreme Court on Tuesday emphasised the need to spread awareness in boys and men about its legal provisions.
A bench of Justices BV Nagarathna and R Mahadevan was hearing a PIL seeking directions to sensitise people about the penal provisions for rape and the Protection of Children from Sexual Offences (POCSO) Act to make the country a better place for girls and women.
“One thing, we would like to remark. POCSO Act is being misused in cases of marital discords and matters pertaining to consensual relationships between adolescents. We should spread awareness in boys and men about the legal provisions,” the bench remarked.
The apex court adjourned the PIL to December 2 and noted that some states and union territories had not filed a response in the matter. The court had earlier issued notices to the Centre, the Union ministries of education and information & broadcasting and the Central Board of Film Certification (CBFC) on the plea filed by senior advocate Aabad Harshad Ponda.
Petitioner Ponda said there is need to inform people about the laws regarding rape and the change in such laws after the Nirbhaya case. The plea seeks several measures, including directing the education ministry to ask all educational institutions providing free and compulsory education to children aged up to 14 years to incorporate the penal provisions regarding offences against women and children.
Ponda argued that laws must be made accessible and understandable to the public, especially the youth. He stated in his PIL that preventive steps through education and awareness are the need of the hour. “The challenge is not merely punishing offenders, but ensuring that such crimes are not committed in the first place,” the petition said. “Endeavours are required to change the mindset of the boys in this country, an exercise that must start at the level of school,” it stated.
The subject of moral training has to be included to ensure awareness about sexual equality, the rights of women and girls and their freedom to live with dignity, the petition added.
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