Gujarat HC asks govt to spread more awareness about POSCO Act, says no immunity even if sex with minor with consensus


The Gujarat High Court in a significant order today said that the provisions of law and punishment would apply even if physical relationship was established with a minor with consensus.

Hearing a case under Protection of Children from Sexual Offenses (POCSO) Act and the appeal of the state government to enhance the punishment of the accused, the division bench of Justice Mukesh R Shah and Justice Alpesh Y Kogje also ordered the related authorities of the state and center to take appropriate steps to aware and educate the adolescent and youth about the provisions of law.

The court in the matter related to having consensual sex with a minor awarded 10 years of jail term to the accused rejecting the plea for lessening the punishment on the ground that the act was committed with mutual consent.

The court observed that event the court can’t apply discretion in such matter as under the POSCO Act the minimum punishment was that of 10 years.

It also said that in such cases one mistake can destroy the whole career of a person and a whole decade of one’s life. The court instructed the state and center to take steps of awareness about it so that the youths of new generation don’t suffer. It also instructed the authorities concerned to give advertisements in the newspapers, radio, television and also through pamphlets and other meidums about the strict provisions under POSCO Act.

The court also instructed Chief Secretary, Home Secretary, Secondary Education Secretary and other concerned to take steps of such awareness in Gujarat.