Apex court asks govt to examine POCSO provisions
New Delhi, Jan 06, 2017, DHNS
The Supreme Court on Thursday asked the Centre to look into a plea for bringing the penal provision on rape, carving exception of a man’s intercourse with his minor wife, in harmony with the POCSO Act.
Protection of Children from Sexual Offences (POCSO) Act had made sexual relation in a shared household with persons below 18 years of age an offence. A three-judge bench presided over by Chief Justice J S Khehar said they were not inclined to issue notice to the government, but would like to send the petition filed by NGO Bachpan Bachao Andolan to the Centre.
“The Ministry of Women and Child Development shall examine the same and take a call within four months,” the bench, also comprising Justices N V Ramana and D Y Chandrachud, said.
The NGO contended that there was anomaly between the provisions of the IPC and the POCSO Act as a child’s status till she attained the age of 18, otherwise guaranteed by the state, was being denied to her, once she is forcefully or otherwise wed.
Protection of Children from Sexual Offences (POCSO) Act had made sexual relation in a shared household with persons below 18 years of age an offence. A three-judge bench presided over by Chief Justice J S Khehar said they were not inclined to issue notice to the government, but would like to send the petition filed by NGO Bachpan Bachao Andolan to the Centre.
“The Ministry of Women and Child Development shall examine the same and take a call within four months,” the bench, also comprising Justices N V Ramana and D Y Chandrachud, said.
The NGO contended that there was anomaly between the provisions of the IPC and the POCSO Act as a child’s status till she attained the age of 18, otherwise guaranteed by the state, was being denied to her, once she is forcefully or otherwise wed.
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