Criminalising Adolescence: Misuse Of POCSO In Consensual Teenage Relationships
- IJLLR Journal
- Nov 20
- 1 min read
Neelam, Guru Nanak Dev University, Amritsar
“The law meant to protect childhood must not become the sword that destroys it.”
ABSTRACT
The aim of POCSO is protection, not prosecution of young ones. We cannot safeguard children by criminalising their developmental years. The Protection Of Children from Sexual Offences (POCSO) Act, 2012, is one of India’s most stringent children’s protection laws, based on the belief that minors cannot legally consent to sexual activity. However, its rigid framework has unintentionally resulted in a surge in criminal cases involving consensual romantic relationships between adolescents. Courts across India have repeatedly expressed concern over this misuse, highlighting how the Act is deployed less as a legal safeguard and more as a tool of parental control and exploitation. Adolescence is a phase of discovery, curiosity, and emotional exploration. Yet, for many Indian teenagers, innocent affection has become entangled with criminal law. When consensual relationships between minors are prosecuted under POCSO, the consequences are severe: young boys are labelled as offenders, families are torn apart and teenage girls often lose agency over their own choices. The gap between law and practical reality continues to widen, raising an urgent question i.e.
“Are we protecting teenagers, or punishing them for being teenagers?”
What was designed as a protective statute is increasingly being invoked by parents to assert control, settle personal disputes, or penalise relationships they disapprove of. This misuse not only criminalises natural adolescent behaviour but also clogs the justice system with cases far removed from the Act’s true intent.
This very article critically examines the legal, social, and psychological implications of criminalising consensual teenage relationships under POCSO.
