Allahabad HC Urges Law Commission to Reconsider POCSO Act

The Allahabad High Court has urged the Law Commission of India to reconsider the provisions of the Protection of Children from Sexual Offences (POCSO) Act, 2012, particularly regarding minor couples. This recommendation was made by a division bench comprising Justice Atul Sreedharan and Justice Achal Sachdev in an order dated 5 October 2023. The court warned that a strict application of the law could lead to greater injustices, especially in cases where such couples have children.

The court’s recommendations stemmed from a habeas corpus petition filed by a young man facing POCSO allegations, who sought the release of his partner from state custody. The couple had eloped and declared their marriage through a joint affidavit executed on 1 September 2025. During the proceedings, Advocate Deepakh Kapoor represented both the state and the young woman’s father, opposing the plea on the grounds that she was a minor. The authorities had previously placed her in a shelter facility, Bal Griha, where she subsequently gave birth to a child fathered by the petitioner.

At the time of the hearing, the infant was over two months old. The bench pointed out that the case involved more than just a matrimonial claim, as the child was now dependent on the petitioner for care and economic support, which would be jeopardized if he were imprisoned under the POCSO provisions.

The court underscored the need for the legislative framework to reflect the realities of Indian society, where many people are illiterate or semi-literate and lack awareness of their legal rights and obligations. The judges noted that emotional and physical attraction is a natural developmental stage for adolescents, and expecting them to understand complex legal implications requires the state to ensure access to meaningful education and vocational training until they reach adulthood.

Regarding the young woman’s age, the court observed that conventional evidentiary documents—like a birth certificate or a school record—were not available. Her father stated that she had left school after Class V. In the absence of these records, the bench considered a medical ossification test, which estimated her age to be around 18 years. Based on these findings, the court permitted her to leave with her husband after she expressed her intention to do so.

This ruling emphasizes the need for a more nuanced understanding of the POCSO Act in the context of adolescent relationships, especially those that result in parenthood. The court’s request for the Law Commission to explore non-custodial sentencing options, such as community service, indicates a growing recognition of the complexities involved in such cases.