Implication of the POCSO Act in India on Adolescent Sexuality: A Policy Brief

In light of emerging concerns on the increasing trend of minors and young adults being entrapped under provisions of the POCSO Act and rape laws for consensual sexual acts with minors, Enfold Proactive Health Trust, a Bangalore based organisation sought to understand the implications of criminalisation of consensual sexual acts among minors on the rights of adolescents. The evidence on judicial trends under the POCSO Act in "romantic" cases reveal that the blanket criminalisation of sexual activity with minors and the treatment of consensual sexual intercourse with a minor on par with rape, has resulted in a large number of young persons coming under harsh criminal law provisions, which detrimentally impacts their right to dignity, health, life, and privacy, apart from putting an enormous strain on the limited resources in the justice system.

The paper further examines legal reforms that may be taken to decriminalise consensual sexual acts involving adolescents above 16 years while ensuring that those above 16 years and below 18 years continue to be protected against non-consensual acts under the POCSO Act. Further, the paper examines the role of positive measures such as the introduction of comprehensive sexuality education to build positive life skills and help them make informed decisions in their interpersonal relationships, and reforms to ensure the barrier-free and confidential access to sexual and reproductive health services.