Supreme Court Judgment: Re: Right to Privacy of Adolescents

The Supreme Court of India's 2025 decision is significant for revisiting its stance on the protection of young individuals involved in criminal cases. The judgment prioritized the young person's perspective most impacted by the case, involving a 14-year-old girl from rural West Bengal and a 25-year-old man.

Case Background

• The criminal case was initiated by the girl's mother, leading to charges of kidnapping, rape, aggravated penetrative sexual assault, and child marriage.
• The POCSO Special Court sentenced the man to 20 years imprisonment despite the girl's helplessness and the stigma she faced.

High Court and Supreme Court Intervention

• In 2022, the Calcutta High Court reversed the conviction on humanitarian grounds, noting the socio-economic distress of the couple. However, it made controversial remarks on female adolescents.
• The Supreme Court restored the conviction in 2023, rejecting the concepts of “non-exploitative” sexual acts with minors and “older adolescents.”

Judicial and Social Implications

• International human rights law recognizes consensual and non-exploitative adolescent sexual activities, contrasting with Indian legal perspectives.
• The case highlighted the emotional and financial toll on the young woman, revealing systemic failures in protecting her.

Empirical Studies and Legislative Context

• Studies indicate that about 24.3% of POCSO cases in Assam, Maharashtra, and West Bengal from 2016 to 2020 involved romantic relationships, with many victims refusing to testify against the accused.
• High courts have noted that criminalizing consensual sex was not POCSO Act's intent, yet some courts remain reluctant to decriminalize adolescent relationships.

Constitutional and Societal Reflections

• The Supreme Court criticized societal and legal systems for the ordeal faced by the young woman, highlighting community shame and systemic failures.
• The current legal age of consent is 18, and the Supreme Court initially did not consider non-exploitative relationships involving adolescents.

Path Forward and Recommendations

• There's a need to re-evaluate the POCSO Act's blanket approach that categorizes all adolescent sexual acts as exploitative.
• Recognizing the agency of adolescents above 16 is vital, with conditions where consent is invalid, such as coercion and authority abuse.
• The Court directed the central government to consider comprehensive sexuality education and life-skills training, emphasizing the need for systemic improvements.

This case underscores the critical need for legal and societal reforms to address adolescent sexuality's complexities within the Indian context.