In a first of its kind decision, the Madras High Court on Friday impressed upon the need to insulate physical relationships between teenagers due to infatuation or innocence from the draconian provisions of the Protection of Children from Sexual Offences (POCSO) Act of 2012, which entails seven to 10 years of rigorous imprisonment.
Justice V. Parthiban suggested that suitable amendments, including a change in the definition of the term ‘child,’ which now encompasses anyone below 18 years of age, could be made so that a consensual relationship between a girl above 16 years of age and a boy between 16 to 21 years of age need not attract the draconian provisions.
The judge came up with the suggestion while setting aside the conviction and 10-year imprisonment imposed by a Mahila Court in Namakkal district last year on a school student for allegedly kidnapping his 17-year-old schoolmate and having sexual relationship with her in the guise of having performed a ‘marriage’ in a temple.
During the course of trial, the girl denied all charges levelled against the boy and claimed that he was only an acquaintance. There was no other substantial evidence against him. Yet, the Mahila Court “erroneously convicted” the accused merely on the basis of hearsay evidence of her relatives and neighbours, the judge said.
Taking the case as a cue, the judge called for a report from the Tamil Nadu Commission for Protection of Child Rights and learnt that a majority of cases booked under the POCSO Act were related to elopement. Therefore, he said the suggestions made by him regarding insulation of teenagers may be discussed and debated by all stakeholders.
If required, such teenagers could be dealt under more liberal provisions of law by introducing the latter in the POCSO Act itself, he added.
In the same breath, the judge expressed serious concern over ever increasing number of sexual offences despite stringent laws in force and various steps taken by the State to create awareness about them.
He recommended that the government consider appointing a high-level committee comprising social auditors, psychologists, social scientists and other eminent people from various walks of life to study the problem and come up with solutions to arrest the growth of such crimes.
‘Time to introspect’
“The society must collectively introspect what is it that drives some men to unleash their libidinous rage on hapless children and women of all age. The cause of such abominable deviant conduct on the part of the perpetrators of sexual crime on children and women is perhaps because of access to uncensored pornographic and erotic materials that are available on the internet 24 X 7.
“Access to such provocative and lewd sites lead to criminal sensuality that drives the perpetrators to commit such appalling crimes on children and women in complete depravity. When minds are filled with lust, smouldering all the time by watching pornographic site of all kinds on the handset or otherwise, such crimes are the natural result of the depraved minds,” he said.
He insisted that society, which dominantly comes under the influence of mainstream cinema, must collectively express its concern over certain contents of some films intended to appeal to the baser instincts of the viewers. “In some films, women are objectified and stereotyped and portrayed as mere symbol of carnal attraction and amorous appeal.
“Avid viewers of such films, who are part of society, cannot be expected to develop a healthy mindset towards women and children as they are susceptible to negative influence. Their perception of women on such influence gets skewed and they look at girl children and women as their legitimate sexual prey by reducing them to the state of mere anatomical existence,” he lamented.
Justice Parthiban suggested that a warning message regarding attraction of POCSO Act could be displayed before screening of a movie, which had teenage characters suggesting a relationship between a boy and a girl.
