Rising crime against minors and Meghalaya’s legal dilemma over adolescent love

By Kenneth Nongsiej

The Shillong Times news report of September 1, 2024 highlights a contradiction in Meghalaya’s matrilineal society, which values ​​women and upholds the tradition of considering daughters as a blessing to the family. However, despite this societal structure, the state faces a paradox as sexual offences against young girls (below 18 years of age) have increased over the years. According to Meghalaya Police statistics on POCSO Act cases, the number has increased from 118 in 2015 to 404 in 2023. While the number of offences against young girls has increased, some cases are consensual but against the law. This dichotomy calls for a critical analysis of the legal framework, social practices and their effectiveness in addressing consensual relationships in the state.
Concerns about the delay
The establishment of special courts, as per the provisions of the POCSO Act, was a step towards ensuring speedy trials and speedy justice for victims of sexual abuse. However, the state is not moving in the right direction. The staggering number of pending cases highlights a systematic backlog that is hampering the flow of justice. As of 2024, 1,747 cases are still pending in various districts under the Protection of Children from Sexual Offences (POCSO) Act (Shillong Times report, September 1, 2024). The judicial system is under immense pressure to ensure justice and timely disposal of cases. This backlog persists despite the resolution and closure of 894 cases.
The establishment of six POCSO Special Courts, only two of which are in East Khasi Hills, of which Shillong is the capital, is insufficient for a population of 2,966,889 (as per the 2011 census), which is expected to increase further. The Shillong Times report indicates that a major contributor to the delays is the frequent cancellation of hearings, often due to non-appearance of the accused, survivors or witnesses. Various factors such as illness, examinations and other personal reasons have been cited for these absences, further prolonging the trials. According to a news report by the Highland Post dated December 11, 2023, the state will take around 21 years to dispose of these cases.
The backlog of cases will have a significant impact on the delivery of justice. The quote “justice delayed is justice denied” aptly describes the situation, as the prolonged wait for resolution of cases undermines the essence of justice. This delay not only affects victims, who have to wait for closure and justice, but also erodes public confidence in the justice system.
The current situation indicates that the problem is not with the laws themselves but with the systemic inefficiencies. The existing legal framework under the POCSO Act is robust and designed to protect children from sexual offences. However, the implementation and operational aspects need urgent reform. The delays provide an undue advantage to the accused, who can exploit the delay to their advantage. On the other hand, victims and their families suffer due to the delay and uncertainty, which can have lasting psychological and emotional effects.
Adolescent love in conflict with the law
The Protection of Children from Sexual Offences (POCSO) Act, 2012 aims to protect children from sexual abuse and exploitation. However, the implementation of the Act faces unique challenges in Indian states, including Meghalaya, where social practices may conflict with its provisions. Adolescent love is common in the state, driven by mutual feelings and consent. Unfortunately, these relationships occasionally lead to teenage pregnancies, further complicating matters. The teenage pregnancy rate in the state is 7.9%, higher than the national average of 6.8%. One of the factors that pushes adolescents into relationships is the lack of love and attention at home.
Enforcing the law in such a context becomes particularly challenging. On the one hand, there is the need to protect minors from exploitation and abuse. On the other hand, there is a reality of consensual relationships between adolescents that the law currently does not distinguish from exploitative acts. This has led to legal action in cases that could be considered consensual, especially when they involve relationships between young men and girls (aged 16 to 17), raising questions about the balance between child protection and respect for personal relationships.
While the law defines a ‘child’ as a person below the age of 18, there are instances where the Meghalaya High Court has considered consensual relationships where partners were between the ages of 16 and 17.
In the case of Kwantar Khongsit v. State of Meghalaya, where the Meghalaya High Court quashed POCSO charges against a man accused of having consensual sex with his underage wife, the couple had been in a relationship since 2018 and started living together in 2019 with the consent of their family. The girl was 16 at the time and when she became pregnant, the medical officer reported the matter to the police due to her underage status. The court’s decision to quash the charges reflects the ongoing debate over the flexibility of the POCSO Act with regard to the age of consent.
Moreover, the Meghalaya High Court in one of its judgments has recognized the consent of sexual relations with adolescents. Another judgment held that considering the physical and mental development of adolescents around the age of 16, it would be logical that such a person is capable of taking a conscious decision about his/her well-being with regard to the actual act of sexual intercourse.
These judgments clearly show that the judiciary plays an important role in interpreting laws, taking into account societal issues and cultural circumstances. It should take into account the thoughts and needs to protect children from sexual crimes and at the same time take into account the developing mental capacities of adolescents to form relationships.
The way forward
Sexual crimes are on the rise in Meghalaya and it is alarming to see that adolescents are getting into sexual relationships with their partners without knowing the effects of these relationships on their health and career. The lack of knowledge of adolescents about the age of consent has legal implications and the male counterparts have to take legal action as per the law. The only way to eradicate this social evil is to provide sex education within the family and in schools to educate the children. Outreach programs in the society through various engagements like social media and women groups, sex education as a part of the curriculum and a separate subject on Protection of Children from Sexual Offences Act, 2012 in educational institutions will go a long way. Traditional institutions have the power to maintain welfare and resolve societal disputes. The state government should collaborate with these institutions in implementing schemes or programs as these institutions can be vital in educating the youth to take the right steps. It requires careful consideration of social realities, cultural norms and legal efficacy to address the complexities of the POCSO Act in Meghalaya. It is essential to protect children while recognizing the complexities of adolescent love.