SC concerned over misuse of POCSO cases, says awareness needed
New Delhi (PTI): The POCSO act is being being misused in cases of marital discord and consensual relationships between adolescents, the Supreme Court said on Tuesday while stressing the need to spread awareness in boys and men about its legal provisions.
A bench of Justices B V Nagarathna and R Mahadevan was hearing a PIL seeking directions to sensitise people about the penal provisions for rape and the Protection of Children from Sexual Offences (POCSO) Act to make the country a better place for girls and women.
"One thing, we would like to remark. POCSO Act is being misused in cases of marital discords and matters pertaining to consensual relationships between adolescents. We should spread awareness in boys and men about the legal provisions," the bench remarked orally.
The apex court adjourned the PIL to December 2 and noted that some states and union territories had not filed a response in the matter.
The apex court had earlier issued notices to the Centre, the Union ministries of Education and Information and Broadcasting and the Central Board of Film Certification (CBFC) on the plea filed by senior advocate Aabad Harshad Ponda.
Ponda said there is need to inform people about the laws regarding rape and the change in such laws after the Nirbhaya case.
The plea seeks several measures, including directing the education ministry to ask all educational institutions providing free and compulsory education to children aged up to 14 years to incorporate the penal provisions regarding offences against women and children.
The subject of moral training also has to be included to ensure awareness about sexual equality, the rights of women and girls and their freedom to live with dignity, it says.
"Particularly, endeavours are required to be made to change the mindset of the boys in this country, an exercise that must start at the level of school," it states.
According to it, there should be similar directions to the Information and Broadcasting ministry, CBFC and other broadcasting authorities to highlight the awareness of the folly of committing rape and its punishments and educating the public about the POCSO Act.
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Deep societal faultlines persist despite 75 years of independence: Justice Ujjal Bhuyan
Judge cites denial of home to Muslim girl, opposition to Dalit women cooking mid-day meals
Hyderabad, February 23, 2026: Supreme Court judge Justice Ujjal Bhuyan has said that despite repeated affirmations of constitutional morality by courts, deep societal faultlines rooted in caste and religious discrimination continue to shape everyday realities in India.
Speaking at a seminar on “Constitutional Morality and the Role of District Judiciary” organised by the Telangana Judges Association and the Telangana State Judicial Academy in Hyderabad, Justice Bhuyan reflected on the gap between constitutional ideals and social practices.
He cited a recent instance involving his daughter’s friend, a PhD scholar at a private university in Noida, who was denied accommodation in South Delhi after her surname revealed her Muslim identity. According to Justice Bhuyan, the landlady bluntly informed her that no accommodation was available once her religious background became known.
In another example from Odisha, he referred to resistance by some parents to the government’s mid-day meal programme because the food was prepared by Dalit women employed as cooks. He noted that some parents had objected aggressively and refused to allow their children to consume meals cooked by members of the Scheduled Caste community.
Describing these incidents as “the tip of the iceberg,” Justice Bhuyan said they reveal how far society remains from the benchmark of constitutional morality even 75 years into the Republic. He observed that while the Constitution lays down standards of equality and dignity, the morality practised within homes and communities often diverges sharply from those values.
He emphasised that constitutional morality requires governance through the rule of law rather than the rule of popular opinion. Referring to the evolution of the doctrine through judicial decisions, he cited Naz Foundation v Union of India, in which the Delhi High Court read down Section 377 of the Indian Penal Code, holding that popular morality cannot restrict fundamental rights under Article 21. Though the judgment was later overturned in Suresh Kumar Koushal v Naz Foundation, the Supreme Court ultimately restored and expanded the principle in Navtej Singh Johar v Union of India, affirming that constitutional morality must prevail over majoritarian views.
“In our constitutional scheme, it is the constitutionality of the issue before the court that is relevant, not the dominant or popular view,” he said.
Justice Bhuyan also addressed the functioning of the district judiciary, underlining that trial courts are the first point of contact for most litigants and form the foundation of the justice delivery system. He stressed that due importance must be given to the recording of evidence and adjudication of bail matters.
Highlighting the role of High Courts, he said their supervisory jurisdiction under Article 227 of the Constitution is intended as a shield to correct grave jurisdictional errors, not as a mechanism to substitute the discretion or factual appreciation of trial judges.
He recalled that several distinguished judges, including Justice H R Khanna, Justice A M Ahmadi, and Justice Fathima Beevi, began their careers in the district judiciary.
On representation within the judicial system, Justice Bhuyan noted that Telangana has made significant strides in gender inclusion. Out of a sanctioned strength of 655 judicial officers in the Telangana Judicial Service, 478 are currently serving, of whom 283 are women, exceeding 50 per cent representation. He added that members of Scheduled Castes, Scheduled Tribes, minority communities, and persons with disabilities are also represented in the state’s judiciary.
He observed that greater representation of women, marginalised communities, persons with disabilities, and sexual minorities would help make the judiciary more inclusive and reflective of India’s diversity. “The judiciary must represent all the colours of the rainbow and become a rainbow institution,” he said.
Justice Bhuyan also referred to the recent restoration by the Supreme Court of the requirement of a minimum three years of practice at the Bar for entry-level judicial posts. While acknowledging that the requirement ensures practical exposure, he cautioned that its impact on women aspirants, especially those from rural or small-town backgrounds facing social and financial constraints, would need to be carefully observed over time.
Concluding his address, he reiterated that the justice system must strive to bridge the gap between constitutional ideals and lived realities, ensuring that the rule of law remains paramount.
