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SC to examine Section 19 of POCSO Act: The Supreme Court has agreed to review concerns regarding Section 19 of the Protection of Children from Sexual Offences (POCSO) Act, 2012.
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Mandatory Reporting: Section 19 mandates the reporting of known or suspected sexual offences against children (under 18) by any person.
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Concerns Raised:
- Criminalization of consensual adolescent relationships.
- Discourages youth from seeking medical help.
- Conflicts for medical professionals (compromising patient autonomy and healthcare access).
- Potential penalization of parents, guardians, and doctors for not reporting voluntary sexual activity.
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Argument against Criminalization: Senior Advocate Indira Jaising argues that counseling, not criminalization, is needed in cases of voluntary sexual activity between juveniles.
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Fundamental Right to Health: Jaising highlights the threat to the fundamental right to health of adolescent girls, as mandatory reporting could drive them towards unregulated and unsafe medical care.
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Court Acknowledgment: The Supreme Court acknowledges the “serious and relevant” nature of the issue.
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Legislative Intent: Section 19 aims to prioritize timely intervention and protection of children.
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Next Steps: A detailed hearing is scheduled, and the court may seek assistance from the Additional Solicitor General and Attorney General of India.
