Sex Education May Soon Become Mandatory In Schools, Says Centre As SC Raises POCSO Concern

Sex Education May Soon Become Mandatory In Schools, Says Centre As SC Raises POCSO Concern

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  • Centre proposes mandatory sex education following expert committee report.
  • Supreme Court concerned about POCSO misuse in consensual teen relations.
  • Expert panel recommends age-appropriate curriculum, consent education for adolescents.
  • Court will review report before issuing final implementation directions.

The Centre has informed the Supreme Court that comprehensive sex education could soon become a mandatory part of the school curriculum, marking a significant step towards addressing adolescent rights and awareness.

During an ongoing hearing, the government said a 26-member national expert committee had already submitted its report on the issue. It added that the recommendations would be implemented once the Supreme Court issues its final directions.

The development comes amid the apex court’s concerns over the criminalisation of consensual relationships between adolescents aged 15 to 18 years and the alleged misuse of the Protection of Children from Sexual Offences (POCSO) Act in such cases.

Supreme Court Examining Adolescent Privacy and POCSO Misuse

The Supreme Court had taken suo motu cognisance of issues relating to adolescents’ right to privacy. A Bench comprising Justice B V Nagarathna and Justice R Mahadevan is hearing the matter.

The court’s primary concern is how consensual relationships between teenagers aged 15 and 18 can be prevented from being treated as serious criminal offences without due consideration.

As part of the proceedings, the Centre was asked to respond to the issue and provide details on the possibility of introducing sex education in schools.

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26-Member Expert Panel Prepared Roadmap

Following earlier directions from the Supreme Court, the Centre constituted a 26-member national expert committee headed by the Additional Secretary of the Ministry of Women and Child Development.

The panel included experts from the Tata Institute of Social Sciences (TISS), clinical psychologists and representatives from various ministries.

Its mandate was to prepare a practical roadmap for safeguarding adolescents’ rights in POCSO-related cases while also promoting awareness among young people.

Court Raises Concern Over Criminalisation of Teenagers

During the hearing, the Supreme Court expressed concern over what it described as the misuse of the POCSO Act.

The Bench observed that adolescence, particularly between the ages of 15 and 18, is a period of significant physical and emotional change. While the POCSO Act was enacted to protect children from sexual abuse, the court noted that it is increasingly being invoked in cases involving consensual relationships between teenagers.

The court also observed that when teenagers aged 16 to 18 elope or enter into consensual relationships, parents sometimes file POCSO complaints against boys to protect the family’s perceived honour. According to the Bench, such cases can result in minors being jailed, with long-term consequences for their education and future prospects.

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Panel Recommends Age-Appropriate Sex Education

The expert committee has recommended that the National Council of Educational Research and Training (NCERT) develop a new curriculum in line with the National Education Policy (NEP) 2020.

Under the proposal, children would receive age-appropriate education from the primary level on topics such as body parts, personal hygiene and the concepts of safe and unsafe touch.

The recommendations also call for schools to appoint specially trained educators who would conduct mandatory 15-20 minute sessions at least twice a week. Orientation programmes for parents and teachers have also been proposed to address social hesitation surrounding sex education.

The panel further recommended educating adolescents about consent, personal boundaries, legal implications under the POCSO Act and the physical and emotional changes associated with adolescence to help them make informed and responsible decisions.

Supreme Court to Issue Directions After Review

The Supreme Court said it would examine the expert committee’s recommendations before issuing directions to the Centre.

Justice Nagarathna reiterated during the hearing that it was necessary to protect minors from the harsh consequences of the POCSO Act in appropriate cases, observing that not every situation involving adolescents should automatically become a matter for police intervention.

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