In Re Right to Privacy of Adolescents

In Re Right to Privacy of Adolescents addresses the legal rights of adolescents, focusing on their right to privacy and autonomy in relation to laws like the POCSO Act. The Supreme Court reviewed a conviction under POCSO that was earlier overturned by the Calcutta High Court, reigniting debate on a minor’s ability to make personal decisions, including marriage. The Court recognized the challenges adolescents face in navigating legal and social systems and stressed the need to balance protecting minors with respecting their growing autonomy. This case is significant as it questions the traditional view of adolescents as incapable of making decisions about their relationships and has important implications for how the law treats adolescent rights and freedoms. Discover more in-depth analyses of important Supreme Court decisions by exploring Recent Judgements of Supreme Court.

In Re Right to Privacy of Adolescents: Introduction

In Re Right to Privacy of Adolescents is a landmark suo motu judgment of the Supreme Court of India that addressed the complex interplay between adolescent sexuality, statutory protections under the POCSO Act and constitutional rights under Article 21. The case emerged from controversial observations made by the Calcutta High Court and led to a broader judicial inquiry into systemic failures in child protection, societal attitudes and the trauma inflicted by legal processes on child victims.

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The case at hand centres around the conviction of a man under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) and Indian Penal Code (IPC) for engaging in sexual activity with a minor. The proceedings arose from a suo motu action by the Supreme Court following controversial remarks by the Calcutta High Court regarding adolescent sexuality. The case brought to light complex issues surrounding adolescent consent, the role of societal and familial neglect and trauma inflicted by legal proceedings on child victims. The following are the facts of In Re Right to Privacy of Adolescents -

Incident and Initial Conviction

A 25-year-old man was convicted under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) and Sections 376(3) and 376(2)(n) of the Indian Penal Code (Now Bharatiya Nyaya Sanhita 2023)for engaging in a sexual relationship with a minor girl.

Controversial Judgment of Calcutta High Court

The Calcutta High Court acquitted the accused and made controversial remarks about adolescent sexuality including statements implying that female adolescents should control their sexual urges. These comments were widely criticised for being sexist and inappropriate and for undermining the protective objective of the POCSO Act.

In Re Right to Privacy of Adolescents: Supreme Court Suo Motu Intervention

In response to public outcry and the nature of the observations of the Calcutta High Court, the Supreme Court took suo motu cognizance of the matter and intervened. On 20th August 2024, it set aside the decision of the Calcutta High Court and restored the conviction of the accused under the POCSO Act and Indian Penal Code.

Current Relationship Between Victim and Accused

After the initial incident, the accused married the victim, who is now an adult. They are currently living together with their child. The victim expressed emotional attachment to the accused and showed no desire for his punishment.

Supreme Court Approach

Before deciding on sentencing, the Supreme Court directed the Government of West Bengal to form a three-member expert committee including a clinical psychologist, a social scientist and child welfare officer with support from reputed institutions like NIMHANS or TISS.

Findings of the Committee

The report of the Committee was submitted in a sealed cover and found that:

• The victim did not consider the incident a crime.
• The real trauma was caused not by the incident but by the legal proceedings, police involvement and societal judgment.
• The victim is now deeply attached to her family and wants to protect the accused.

Welfare of the Victim

The Supreme Court in ‘In Re Right to Privacy of Adolescents’ noted that the victim required financial support and ordered the State to assist with her education and vocational training after her 10th Board examinations. The Court also ensured that quality education would be provided to the child of the couple.

Final Committee Report and Systemic Failures

In re Right to Privacy of Adolescents the final report was submitted in January 2025 with detailed interviews of various stakeholders and highlighted systemic lapses in implementation of the POCSO Act, including:

• Failure of village-level Child Protection Committees
• Poor implementation of the “Kanyashree Prakalpa Scheme”
• Inaction by local Child Welfare Officers
• Lack of free legal aid and counseling services
• Frequent adolescent elopements and social stigmatization
• Delays, corruption and financial exploitation in investigations and judicial processes
• General lack of awareness and sensitization about child rights and protection laws

Conclusion of the Committee Report

The report in ‘In re Right to Privacy of Adolescents’ concluded that the trauma of the victim arose more from the legal battle than the crime itself. It recommended keeping the family unit intact to allow the accused father’s participation in child upbringing and providing financial, legal and educational support to the victim and her child.

In Re Right to Privacy of Adolescents: Legal Issues

The following issues were addressed In Re Right to Privacy of Adolescents - 

• Whether a sentence can be waived under Article 142 of the Constitution despite a confirmed conviction under the POCSO Act and Indian Penal Code?

The Supreme Court examined the scope of Article 142 of Indian Constitution which empowers the Supreme Court to pass any decree or order necessary for doing complete justice. The Court evaluated whether this extraordinary power could be invoked to waive or modify sentencing even after a conviction under stringent laws like the POCSO Act and Indian Penal Code.

• Whether the consent of the minor victim and subsequent marriage can influence sentencing under the POCSO Act?

The Court In Re Right to Privacy of Adolescents considered the relevance of the minor victim consent and fact of subsequent marriage between the victim and accused. It analyzed if these factors could mitigate or affect sentencing under the POCSO Act which protects minors irrespective of consent.

• Whether the observations made by the Calcutta High Court on adolescent sexuality violated constitutional rights under Article 21?

The Apex Court In Re Right to Privacy of Adolescents scrutinized the remarks of the Calcutta High Court regarding adolescent sexual behavior and assessed whether such observations infringed on the fundamental right to life and dignity of the victim guaranteed under Article 21 of the Constitution.

• Whether the legal system and societal mechanisms adequately protected the rights and agency of the victim?

The Court In Re Right to Privacy of Adolescents also reviewed the effectiveness of existing legal and social frameworks in safeguarding the rights of the victim focusing on delays, stigma, availability of support services and overall systemic response to child protection under laws like the POCSO Act.

• Whether the State complied with its obligations under Section 19(6) of the POCSO Act?

The Court In Re Right to Privacy of Adolescents examined the extent to which the State fulfilled its statutory duties relating to protection, rehabilitation, legal aid, and welfare of the victim as provided by the POCSO Act.

In Re Right to Privacy of Adolescents: Legal Provisions

Article 21 and Article 142 of Indian Constitution, Section 6 and Section 19(6) of the Protection of Children from Sexual Offences Act, 2012 and Section 46 of JJ Act 2015 played an important role In Re Right to Privacy of Adolescents. The following are the analysis of these provisions -

Article 142 of the Constitution of India

Article 142 of Indian Constitution grants the Supreme Court the power to pass orders to do “complete justice” in any matter pending before it. Article 142 was primary to the deliberation of the Supreme Court In Re Right to Privacy of Adolescents on whether it could intervene in sentencing despite a confirmed conviction. The Court considered the broader context including the welfare of the victim, emotional dynamics between the parties and the disproportionate harm caused by procedural and societal responses.

Article 21 of the Constitution of India

Article 21 under Part III of Indian Constitution ensures protection of life and personal liberty. The Court In Re Right to Privacy of Adolescents examined whether the remarks of the Calcutta High Court on adolescent sexuality compromised the victim’s dignity and autonomy.

Section 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act)

Section 6 of the POCSO Act deals with the punishment for aggravated penetrative sexual assault on a minor. In Re Right to Privacy of Adolescents the accused was convicted under this section for repeated sexual activity with a minor girl who was 14 years old at the time. Despite the consensual relationship and subsequent marriage, the law treats any sexual activity with a minor as an offence. The Supreme Court was tasked with deciding whether under Article 142, the sentence could be waived or modified in view of the victim’s current emotional and familial circumstances.

Section 19(6) of the POCSO Act

Section 19(6) of the Protection of Children from Sexual Offences Act, 2012 provides that the Police must inform the Child Welfare Committee and Special Court within 24 hours, highlighting the child’s need for care and protection.

The Court In Re Right to Privacy of Adolescents examined whether the authorities fulfilled their statutory duty under this provision. It noted serious lapses in promptly informing the Child Welfare Committee and in assessing the victim’s need for care and protection.

Section 46 of the JJ Act, 2015

Section 46 of JJ Act 2015 provides financial support to children leaving child care institutions at 18 years to help reintegrate into society, as per prescribed rules. The Supreme Court In Re Right to Privacy of Adolescents examined the inadequacy of existing frameworks and noted the lack of uniform rules across States for effective victim rehabilitation.

In Re Right to Privacy of Adolescents: Judgment and Impact

On 23rd May, 2025, the 2-Judge Bench of the Supreme Court comprising Justice Abhay S Okha and Justice Ujjal Bhuyan in In Re Right to Privacy of Adolescents delivered a significant judgment and decided not to impose a sentence on a man who had been convicted under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) and Sections 376(3) and 376(2)(n) of the Indian Penal Code. The Court exercised its extraordinary powers under Article 142 of the Constitution which allows it to do complete justice in any matter pending before it.

The Court In Re Right to Privacy of Adolescents considered that while the incident legally amounted to a criminal offence but the victim herself did not perceive it as such. Instead, her trauma emerged more from the subsequent police, legal and societal processes than from the incident itself. She had since married the accused, was living with him and their child and expressed a deep emotional attachment to her family. She also became “very possessive” of her present domestic life.

The Supreme Court In Re Right to Privacy of Adolescents noted that the victim was failed by society, the legal system and her own family who gave her no opportunity to make an informed decision during the earlier stages of the incident. The Justices described the facts of the case as a “eye-opener for everyone” highlighting serious gaps in the existing legal system.

Taking into account a report by an expert committee which included a clinical psychologist and a social scientist the Supreme Court concluded In Re Right to Privacy of Adolescents that sentencing the accused would not serve the ends of justice. The report had found that the victim neither viewed herself as a victim of crime nor wanted punitive action against the accused, and that her trauma was largely due to institutional responses.

Therefore, the Supreme Court In Re Right to Privacy of Adolescents chose not to impose any further sentence, even though the conviction was upheld. Instead, it issued directions to the State of West Bengal and the Ministry of Women and Child Development, including:

• Ensuring compliance with Section 19(6) of the POCSO Act and relevant provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015.
• Exploring vocational training and employment opportunities for the victim after her education.
• Providing financial and emotional support through the State Legal Services Authority.
• Forwarding the judgment to Law and Justice Departments across all States and Union Territories for policy and procedural improvements.

The decision In Re Right to Privacy of Adolescents marks a compassionate yet constitutionally grounded approach by the Supreme Court.

In Re Right to Privacy of Adolescents: Conclusion

In In Re Right to Privacy of Adolescents 2025 the Supreme Court on 23rd May, 2025 upheld the conviction but chose not to impose further sentence. The Court recognized the complexities of the circumstances of the victim. The judgment highlighted systemic shortcomings in the protection and rehabilitation of child victims and called for enhanced state measures to ensure effective implementation of child welfare laws and support services.