A young boy sentenced to 20 years in prison for a consensual relationship with a minor was acquitted by the Calcutta High Court on the grounds that the POCSO Act does not address consensual, non-exploitative relationships among children aged 16–18. A division bench comprising Justices Chitta Ranjan Dash and Partha Sarathi Sen issued several recommendations for adolescent boys and girls.

Referring to the ancient legal principle “Dharmo Rakshyata” from the Mahabharata, the court stressed the importance of protecting the law to be protected by it. The bench outlined specific duties for adolescent boys and girls. It stated that it is the responsibility of every female adolescent to safeguard:

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  • Her dignity and self-worth
  • Her right to the integrity of her body
  • Strive for self-development, transcending gender barriers.
  • Exercise control over sexual urges, considering societal perceptions.
  • Protect her right to autonomy over her body and privacy.

Additionally, the bench said that it is the duty of a male adolescent to respect these duties of young girls and women and to cultivate respect for a woman’s self-worth, dignity, privacy, and autonomy of her body.

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The court delved into the biological aspects of sexual urges in adolescents, stating that while libido is natural, it requires stimulation to become active, resulting in sexual urges. It was noted that sexual urges are not normative but depend on individual actions.

The court stressed the importance of sexual education for both adolescent boys and girls, recommending its inclusion in the school curriculum. This education should focus on reproductive health and hygiene, with an emphasis on commitment and dedication in relationships.

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The Calcutta High Court expressed the need to guide adolescents towards self-reliance and economic independence before engaging in sexual relationships, highlighting that such engagements should not lead them into darker aspects of life.

(With inputs from LiveLaw)