The Protection of Children from Sexual Offences (POCSO) Act, 2012 is a key legislation in India aimed at safeguarding children under 18 years of age from sexual abuse, harassment, and exploitation. While the Act primarily addresses sexual offences, its provisions intersect with laws dealing with child marriage, such as the Prohibition of Child Marriage Act (PCMA), 2006. The Supreme Court of India has delivered significant judgments clarifying the relationship between POCSO and child marriage, emphasizing the protection of minors’ rights and welfare.
Supreme Court’s Stance on Child Marriage and POCSO
1. Attorney General for India v. Satish (2021)
In this landmark case, the Supreme Court addressed sexual offences within child marriages. The Court held that sexual intercourse with a minor wife is considered rape under the POCSO Act, irrespective of marital status. This overrides the exception under the Indian Penal Code and reinforces the primacy of child protection laws over personal laws that may permit child marriages.
2. Society for Enlightenment and Voluntary Action v. Union of India (2024)
In October 2024, the Supreme Court issued guidelines on the prevention and prosecution of child marriage. The Court emphasized a comprehensive approach encompassing prevention, protection, and prosecution. It recommended amendments to the Prohibition of Child Marriage Act to make the betrothal of children illegal, strengthening the legal framework against child marriages.
Implications for Minors in Child Marriages
These Supreme Court rulings clarify that child marriages are not legally recognized and that any sexual activity within such marriages is considered an offence under the POCSO Act. This approach protects minors from sexual exploitation and upholds their rights to safety and dignity.
Conclusion
Supreme Court judgments have significantly shaped the legal framework concerning child marriages and sexual offences in India. By aligning the POCSO Act with the Prohibition of Child Marriage Act, the judiciary reinforces its commitment to protecting children’s rights and ensuring their well-being. These decisions highlight the role of the courts in upholding the constitutional mandate to protect minors from exploitation and abuse.