Supreme Court concerned over misuse of POCSO cases, says awareness is needed

The POCSO Act is being misused in cases of marital discord and consensual relationships between adolescents, the Supreme Court said on Tuesday (Nov 5, 2025), while emphasizing the need to sensitize boys and men about its legal provisions.

A Bench of Justices BV Nagarathna and R Mahadevan was hearing a PIL seeking directions to sensitize people about the penal provisions for rape and the Protection of Children from Sexual Offenses (POCSO) Act to make the country a better place for girls and women.

“One thing we would like to note. The POCSO Act is misused in cases of marital discord and cases involving consensual relations between adolescents. We need to sensitize boys and men about the provisions of the law,” the Bench orally observed.

The Supreme Court adjourned the PIL till December 2, noting that some states and Union Territories had not filed any response in the case.

The Supreme Court had earlier issued notices to the Centre, ministries of Education and Information and Broadcasting and Central Board of Film Certification (CBFC) on senior advocate Aabad Harshad Ponda’s plea.

Mr. Ponda said there is a need to educate people about the laws regarding rape and the change in such laws after the Nirbhaya case.

The plea seeks several measures, including directing the Ministry of Education to ask all educational institutions offering free and compulsory education to children up to the age of 14 to incorporate penal provisions relating to crimes against women and children.

The topic of moral training should also be included to ensure awareness of sexual equality, the rights of women and girls and their freedom to live with dignity, the report says.

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“Above all, efforts must be made to change the mindset of boys in this country, an exercise that must start at the school level,” the report said.

According to the report, similar instructions should be issued to the Ministry of Information and Broadcasting, the CBFC and other broadcasting authorities to highlight awareness of the folly of committing rape and its punishments and to educate the public about the POCSO Act.