Black ribbons, Constitution reading: Delhi High Court lawyers protest police action against peers

The Allahabad High Court has requested the Law Commission of India to propose amendments to the Protection of Children from Sexual Offences (POCSO) Act, 2012, considering contemporary social conditions in the country. The court expressed concern that rigid application of the Act could lead to unjust outcomes, especially when a relationship has resulted in a child's birth.

Justices Atul Sreedharan and Achal Sachdev were hearing a petition filed by a man seeking directions for his wife's return. The man faced accusations under the POCSO Act, and the woman was alleged to be under 18 years old. The court emphasized that ignorance of the law is not a valid defense, but applying it rigidly might produce unjust consequences in certain cases.

The high court directed the Law Commission to consider alternative punishments, such as community service, to prevent disruptions in families formed due to ignorance of the Act's provisions. The court noted that a significant portion of the Indian population lacks formal education, which might hinder their understanding of legal rights and consequences.

The accused and survivor had eloped and jointly signed a document claiming their marital status. The man filed a plea to have his wife returned, citing her minor status. However, the court observed that their relationship had progressed beyond mere marital claims, resulting in a child's birth. The court acknowledged the natural progression of human development towards physical and emotional maturity and the potential for attraction between individuals of opposite genders.

It argued that expecting a 15-year-old child to comprehend legal liabilities and consequences would require the state to ensure minors remain educated and skilled until adulthood. The court held that the survivor was a major, based on the ossification test, and permitted her to accompany her husband.