The Allahabad High Court asked the Law Commission to examine changes to the POCSO Act in cases involving minor couples. It said rigid enforcement can sometimes harm families and ignore India's social realities.
Prayagraj,Oct 12, 2026 21:10 IST
The Allahabad High Court has asked the Law Commission to recommend changes to the Protection of Children from Sexual Offences Act, 2012, in cases involving minor couples, saying the law must take account of prevailing “social realities”. The court said that, in some situations, a strict application of the law could lead to outcomes that may “advance injustice rather than justice”, especially where the relationship has led to the birth of a child.
A two-judge bench of Justice Atul Sreedharan and Justice Achal Sachdev made the observation while hearing a habeas corpus petition filed by Rakesh Yadav, who sought a direction to produce his wife. The court allowed the petition in a case in which the man had eloped with the girl and a POCSO case was later lodged against him.
In its order, the court said: “While enacting the legislation, it does not appear that sufficient regard was given to the social realities prevailing in India, where a considerable section of the population remains illiterate or semi-literate and may not even be aware of the rights guaranteed to them under law and the Constitution, much less of the duties and legal consequences arising therefrom.”
Referring to the facts placed before it, the court noted that, according to the girl’s father, she had studied up to Class 5, but could not read a newspaper and could only write her signature, while he had never gone to school. The bench said: “Undoubtedly, ignorance of law is no excuse. However, if this principle is applied in a purely pedantic manner, the implementation of the POCSO Act may in certain factual situations result in consequences which may appear to advance injustice rather than justice.”
The court said possible amendments could include giving special judges enough discretion in exceptional cases such as the present one to consider the circumstances while deciding the appropriate punishment. It also asked the Law Commission to examine alternative forms of punishment, including community service, in cases where a family formed in circumstances arising from ignorance of the POCSO Act risks being unnecessarily disrupted.
The bench said the present case showed a conflict between human development and the rigours of law. It added that it was natural for a child of about 15 years to be attracted to another person after attaining a certain degree of physical and emotional maturity. At the same time, the court emphasised that the state must ensure that minors remain meaningfully engaged in education until they attain majority and are given adequate opportunities to acquire vocational skills and become self-reliant.
According to the case records, the couple had eloped and executed an affidavit dated September 1, 2025, declaring themselves husband and wife. The state and the girl’s father said her date of birth was July 25, 2010. After she was taken away from the husband, she was sent to a Balika Griha, where she gave birth to a child. The court also noted that no school-issued date-of-birth certificate or birth certificate from a municipal authority or panchayat was on record.
In sum, the High Court said the current law did not appear to have given sufficient regard to India’s social realities and asked the Law Commission to consider changes to the POCSO Act so that exceptional cases involving minor couples can be dealt with more appropriately.
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