Why Are POCSO Act's Provisions On Mandatory Reporting Under Challenge?

Delhi High Court on Tuesday issued a notice on a public interest litigation challenging the provisions of Protection of Children from Sexual Offences Act, 2012, that pertain to mandatory reporting of suspected sexual abuse of minors. Courts On Consensual Sex Vis-à-vis POCSO Act While the petition before Delhi High Court does not particularly seek any relief in respect of age of consent and doesn’t demand decriminalising of consensual teenage sex, the courts across India have batted for amendments in the law for consideration of cases where the minor girl unequivocally comes out in support of the accused and says that their sexual activity was consensual. In November 2022, the Delhi High Court said the intention of POCSO Act was to protect the children from sexual abuse and not criminalise consensual romantic relationships of young adults. Bombay High Court in February 2021 said while POCSO Act has been a "significant and progressive step" in securing children's rights, incidents of consensual sex between minors has been a grey area under the law as minor's consent is not valid in the eyes of law.