In a current judgement, the Meghalaya Excessive Courtroom Invalidates POCSO FIR, Affirms Minor’s Capability for Acutely aware Determination in Sexual Assault Case
Meghalaya Excessive Courtroom
In a big improvement, the Meghalaya Excessive Courtroom has dismissed an FIR filed beneath sections 3 and 4 of the POCSO Act, which pertained to the alleged penetrative sexual assault on a minor. The court docket asserted {that a} 16-year-old is able to making a acutely aware choice concerning sexual activity.
Throughout the proceedings, Justice W. Diengdoh, presiding over the bench, famous that contemplating the bodily and psychological improvement of an adolescent across the age of 16, it’s cheap to imagine that they’ll make acutely aware choices about their well-being regarding participating in sexual acts.
The case revolved round a plea looking for the quashing of the FIR, contending that the incident didn’t quantity to sexual assault however quite constituted a consensual act, because the petitioner and the alleged sufferer have been in a romantic relationship.
Based on the petitioner’s model, they’d change into acquainted whereas working in varied households. Based on the allegations, they reportedly visited the residence of the petitioner’s uncle, the place the sexual activity occurred. The following day, the minor woman’s mom lodged a First Data Report (FIR) in opposition to the petitioner, invoking Part 363 of the Indian Penal Code (IPC) and Sections 3 and 4 of the POCSO Act 2012.

After scrutiny of the petitioner’s arguments and contemplating related authorized precedents, the Courtroom concluded that the survivor’s assertion, given beneath Part 164 of the Code of Prison Process (CrPC) and reiterated throughout her court docket testimony, affirmed her standing because the petitioner’s girlfriend.
Furthermore, she explicitly said that the sexual activity occurred together with her consent and with out using power. Regardless of her being a minor, roughly 16 years of age, the Courtroom discovered the survivor’s assertion supportive of the petitioner’s place.
Citing the precedent set by the Madras Excessive Courtroom within the case of Vijayalakshmi and One other v. State Rep. by Inspector of Police, All Ladies Police Station (2021), the Courtroom concluded that making an allowance for the bodily and psychological improvement of people throughout the survivor’s age bracket, it’s justifiable to imagine their functionality to make knowledgeable choices concerning participating in sexual activity.
A Biased Perspective
Societal prejudices usually perpetuate the notion that girls are victims and males are solely perpetrators, resulting in the erosion of the compassionate aspect of males. This biased perspective turns into notably evident in circumstances involving consensual sexual relationships amongst minors.
The enactment of the Safety of Youngsters from Sexual Offences (POCSO) Act in 2012 inadvertently contributed to folks retaliating in opposition to pre-marital intercourse by elevating the age of consent for females. Consequently, even when a male adolescent engages in consensual sexual exercise with a minor companion, he could be charged with baby sexual abuse as a result of legislation’s invalidation of a minor’s consent.

The inherent injustice confronted by adolescents in such circumstances stems from regressive social norms and patriarchal management exerted over issues of sexuality and marriage. These norms limit adolescents’ company and deny them the liberty to make knowledgeable decisions about their our bodies and relationships. The inflexible gender stereotypes perpetuated by society additional exacerbate this downside, overshadowing the potential for mutual respect and equality inside relationships.
To deal with this challenge, it’s essential to problem these prevailing biases, promote complete intercourse training, and encourage open discussions on consent and wholesome relationships. By fostering an atmosphere that values particular person autonomy and respects the rights of all genders, we are able to try in direction of dismantling regressive norms and establishing a extra equitable society for adolescents.