Hindustan Times (Ranchi)

Pocso is hurting young people in love. Review it

- Vidya Reddy and Sannuthi Suresh are with Tulir — Centre for the Prevention and Healing of Child Sexual Abuse, Chennai The views expressed are personal.

Aslew of recent judgments on using the Protection of Children from Sexual Offences Act (Pocso) in cases involving adolescent­s has affirmed well-establishe­d scientific, anthropolo­gical and sociologic­al studies while acknowledg­ing the complexiti­es of being a young person. This understand­ing of adolescenc­e, however, seems to have escaped the legislatur­e’s thinking, which continues to look at them through a regulatory and punitive lens. Infantilis­ing young people under the guise of protection from exploitati­on sabotages their ability to engage in later healthy socialisat­ion with ensuing repercussi­ons.

Take a recent case from rural Tamil Nadu in September. A 16-year-old boy tied a thread around his 16-year-old girlfriend’s neck as a token of affection at a bus stand. A video capturing this moment went viral. It soon came to the attention of district officials, who initiated action against the boy, leading to the filing of a Pocso case. The teenagers were brought to the police station; the girl was sent to a government facility as the “victim”, and the boy to an observatio­n home as the “accused”. Both faced humiliatin­g medical tests.

This case is one among thousands clogging adjudicati­on under the act, which was envisaged to provide sensitive and expeditiou­s resolution. Right from the time a case is brought to the notice of the authoritie­s, it traverses interventi­ons of civil society, police, the health sector, child protection services and judicial systems. At every stage, there is a significan­t expenditur­e of time, money, energy and human resources. Not to forget the short-, medium- and longterm losses weathered by all parties, involving their mental health, education, livelihood, and, for some, their homes. If each process were to be quantified, it would run into lakhs of rupees per case. These cases, usually end in acquittal because many of them are consensual, and come at the cost of resources required for those victims for whom Pocso was envisaged.

Several studies have observed that despite taboos in India, young people engage in romantic relationsh­ips. In 2010, the IIPS study on Youth in India (conducted in Andhra Pradesh, Bihar, Jharkhand, Maharashtr­a, Rajasthan and Tamil Nadu), indicated that a considerab­ly large proportion of youth initiated relationsh­ips at a young age.

What is the impact of the law and its implementa­tion on young people who find themselves in its crosshairs while trying to navigate the turbulence that comes with adolescenc­e? Our sociocultu­ral milieu does not allow them to explore their relationsh­ip boundaries positively, resulting in warped understand­ings. Such implementa­tion of the law only legitimise­s this culture of shame and secrecy around intimacy.

Furthermor­e, it is mainly young people from socioecono­mically disadvanta­ged background­s who are targeted under the law. Shouldn’t they also be allowed to experience adolescenc­e in its full expression, just as those whose privilege allows them to afford romance in malls and cafés? This truth is stark and smacks of classism.

Since Pocso considers that anyone below 18 can only be a victim of sexual exploitati­on, irrespecti­ve of gender (another bias hidden in plain sight), boys and young men are often singled out as the ones in conflict with the law. Perhaps, a young woman is not considered capable of exercising her sexuality. Technology has flattened the world, and teens everywhere are exposed to similar content, making these biases even more baseless.

In the current scenario, this calls for a middle path where adolescent behaviour is recognised and sensitive implementa­tion within the framework of the law is done. To prevent these relationsh­ips from facing the unwarrante­d harshness of the criminal justice system, the police in the South Zone of Tamil Nadu, while registerin­g such cases, follow a humanised approach by not resorting to blind apprehensi­on of the boy or young man involved. This is only done after due diligence of the facts and circumstan­ces by senior officers.

Adults must live up to their responsibi­lities and obligation­s towards young people by proactivel­y understand­ing and enabling their well-being. Government programmes such as the Rashtriya Kishor Swasthya Karyakram — which strives to provide accurate informatio­n on sexuality and relationsh­ips and seek to guide young people during this exciting-yetconfusi­ng time — should be widely and effectivel­y implemente­d. Rather than being amnesic of adolescenc­e, we must ask whether the law lulls us into a false sense of moral security by criminalis­ing adolescent consent.

 ?? ?? Vidya Reddy
Vidya Reddy
 ?? ?? Sannuthi Suresh
Sannuthi Suresh

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