Discuss the role of the Supreme Court and the Law Commission of India in addressing the misuse of child protection laws. Evaluate whether guided judicial discretion can balance child safety with adolescent autonomy.

Question

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Context India’s child protection framework, particularly the Protection of Children from Sexual Offences (POCSO) Act, was enacted to address pervasive sexual abuse. However, rising judicial concern highlights its misuse in consensual adolescent relationships, raising questions of proportionality, autonomy, and justice.

Role of the Supreme Court

The Supreme Court has acknowledged systemic misuse of POCSO, especially in cases involving consensual relationships between adolescents close in age.
Through purposive interpretation, the Court has emphasised the distinction between exploitative abuse and consensual intimacy, as seen in recent observations urging sensitivity in prosecution.
It has advanced the doctrine of “best interests of the child”, stressing rehabilitation over retribution and discouraging mechanical application of mandatory minimum sentences.
Judicial directions have also called for child-friendly procedures and restraint in arrest, reducing secondary victimisation.

Role of the Law Commission of India

The Law Commission functions as a reform-oriented advisory body, examining gaps between legislative intent and social realities.
It has highlighted the need for close-in-age exemptions, graded consent frameworks, and clearer statutory guidance to prevent criminalisation of adolescent sexuality.
Its consultative approach balances constitutional morality, international obligations under the UNCRC, and evolving social norms.

Evaluation of Guided Judicial Discretion

Merits:
- Allows case-by-case assessment, preventing misuse while retaining strong deterrence against predatory abuse.
- Preserves adolescent autonomy without diluting child safety.
Limitations:
- Excessive discretion risks inconsistency and judicial overreach.
- Absence of legislative clarity may burden courts and law enforcement.

Way Forward

Statutory guidelines incorporating age proximity and consent indicators.
Structured judicial discretion supported by sentencing frameworks.
Periodic Law Commission review to align child protection laws with social realities.

Guided judicial discretion, complemented by legislative reform, offers a balanced path between protection and autonomy.

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