The Supreme Court proposes Centre to take into consideration a sex education policy

New Delhi (India) May 25: The Supreme Court has asked the Central Government for its opinion in response to an amicus curiae's suggestions for changes in the sex education policy and real-time tracking and data collection of cases under the Protection of Children from Sexual Offences (POCSO) Act of 2012.

The Centre was notified by a bench comprising of Justices Abhay S. Oka and Ujjal Bhuyan through the ministry of women and child development to establish an expert committee to look into the matter and submit a report to it by July 25. The court stated that after receiving the report, it would issue further instructions.

The court issued a notice which said, "For carrying forward the suggestion of the learned amici, we propose to implead the Union of India through the ministry of women and child development, so that more effective orders can be passed.”

The bench has said, "The secretary of the ministry shall appoint a committee of experts to deal with the suggestions of the amici curiae. Senior officers of the state shall be part of the committee. If necessary, the committee can also consult the senior counsel appointed as amici curiae. Immediately on service of notice, the secretary shall constitute a committee. The members of the committee constituted by this court comprising Dr Pekham Basu from TISS; Jayita Saha, clinical psychologist; and Sanjeeb Rakshit, district social welfare officer, South 24 Parganas shall be permanent invitees to the said committee." 

The West Bengal woman's legal fight to save her husband, who was given a 20-year prison sentence under Pocso Act for having an affair with her when she was 14, served as the driving force for the court decision.

Two senior female advocates, Madhavi Divan and Liz Mathew, were appointed by the court to deal with the delicate matter and they have recommended that teenagers in relationships that are consensual should be protected.

Advocates have argued that while the Pocso Act was important in preventing child sexual exploitation, its strict application in adolescent relationships may have unintended consequences.

The Supreme Court bench also noticed that the government should also take into consideration the recommendation for a comprehensive sexual and reproductive health education strategy, as according to a Unesco report, India's education policies on HIV and sexuality education based on life skills were limited to secondary school levels.

Aadrika Tayal