POCSO Act Sec. 19

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.

Mandatory Reporting: Section 19 mandates the reporting of known or suspected sexual offences against children (under 18) by any person.

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.

Argument against Criminalization: Senior Advocate Indira Jaising argues that counseling, not criminalization, is needed in cases of voluntary sexual activity between juveniles.

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.

Court Acknowledgment: The Supreme Court acknowledges the “serious and relevant” nature of the issue.

Legislative Intent: Section 19 aims to prioritize timely intervention and protection of children.

Next Steps: A detailed hearing is scheduled, and the court may seek assistance from the Additional Solicitor General and Attorney General of India.