Prayagraj, Oct 12 The Allahabad High Court has asked the Law Commission to recommend amendments to the Protection of Children from Sexual Offences (POCSO) Act, 2012, dealing with minor couples in light of prevailing "social realities."
A two-judge bench comprising Justice Atul Sreedharan and Justice Achal Sachdev observed that in certain circumstances, strictly applying the Act could produce consequences that may "advance injustice rather than justice", particularly when a relationship has resulted in the birth of a child.
The observation came while the court was hearing a habeas corpus petition filed by Rakesh Yadav, seeking a direction to produce his wife.
"While enacting the legislation, it does not appear that sufficient regard was given to the social realities prevailing in India, where a considerable section of the population remains illiterate or semi-literate and may not even be aware of the rights guaranteed to them under law and the Constitution, much less of the duties and legal consequences arising therefrom," the court said.
According to the father of the girl, she had studied up to class 5 but she could not read a newspaper and could only write her signature, while he never went to school.
The court allowed the habeas corpus petition of the man who had eloped with the girl, who subsequently gave birth to his child, leading to a POCSO case against him.
"Undoubtedly, ignorance of law is no excuse. However, if this principle is applied in a purely pedantic manner, the implementation of the POCSO Act may in certain factual situations result in consequences which may appear to advance injustice rather than justice," the bench observed.
The court said possible amendments could include vesting special judges with adequate discretion in exceptional cases, such as the present one, to consider the circumstances of the case while determining the appropriate punishment.
The court also asked the Law Commission to examine alternative forms of punishment, including community service, in cases where a family formed in circumstances arising from ignorance of the POCSO Act risks being unnecessarily disrupted.
The current legislation does not appear to have given sufficient regard to India's social realities, it observed.
The court said that the case at hand discloses a conflict between human development and the rigours of law, adding that it was natural for a child of about 15 years to be attracted to another person upon attaining a certain degree of physical and emotional maturity.
The bench, however, emphasised that the state must ensure that minors remain meaningfully engaged in education until they attain majority and receive adequate opportunities to acquire vocational skills and become self-reliant.
According to the contents of the case, the couple had eloped and executed an affidavit dated September 1, 2025, declaring themselves husband and wife.
The state and the girl's father maintained that the girl's date of birth is July 25, 2010.
After she was taken away from the husband, she was sent to a a Balika Griha, where she gave birth to a child.
The court noted that no school-issued date-of-birth certificate or birth certificate from a municipal authority or panchayat was on record.
