By Kenneth Nongsiej
The news report from the Shillong Times dated September 1, 2024 highlights a contradiction in Meghalaya’s matrilineal society, which values females and upholds the tradition of considering daughters a blessing to the family. However, despite this societal structure, the state faces a paradox as sexual crimes against young girls (below 18 years) have increased over the years. According to Meghalaya Police statistics on POCSO Act cases, the number increased from 118 in 2015 to 404 in 2023. While the incidence of crimes against young girls has risen, some cases are consensual but conflict with the law. This dichotomy necessitates a critical analysis of the legal framework, social practices, and their efficacy in addressing consensual relationships in the state.
Concern About the Delay
The establishment of special courts, as per the provisions of the POCSO Act, was a step towards ensuring speedy trials and swift justice for sexual abuse victims. However, the state is not moving in the right direction. The staggering number of pending cases highlights a systemic backlog obstructing justice. As of 2024, there are 1,747 cases still pending across various districts under the Protection of Children from Sexual Offences (POCSO) Act (report by the Shillong Times dated 1 September 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 inception of six POCSO Special Courts, with only two in East Khasi Hills where Shillong is the capital, is insufficient for a population of 2,966,889 people (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 the 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 needs around 21 years to dispose of these cases.
The backlog of cases will have a significant impact on the administration of justice. The quote “justice delayed is justice denied” competently describes the situation, as the prolonged wait for case resolutions undermines the very essence of justice. This delay not only affects the victims, who are left waiting for closure and justice, but also erodes public confidence in the judicial system.
The current situation indicates that the problem lies 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 may exploit the delayed to their benefit. On the other hand, victims and their families suffer from the delayed 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 safeguard children from sexual abuse and exploitation. However, the implementation of the Act faces unique challenges across 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 state’s teenage pregnancy rate stands at 7.9%, higher than the national average of 6.8%. One of the factors driving adolescents into relationships is the lack of love and attention at home.
Enforcing the Act in such a context becomes particularly challenging. On one hand, there is a need to protect minors from exploitation and abuse. On the other hand, there is a reality of consensual relationships among adolescents that the law currently does not differentiate from exploitative acts. This has led to legal actions in cases that may be considered consensual, particularly when involving relationships between young men and girls (aged 16 to 17 years), thus raising questions about the balance between child protection and respecting personal relationships.
Although the Act defines a “child” as a person below the age of eighteen years, there have been instances where the Meghalaya High Court has considered consensual relationships involving partners aged about 16 to 17 years.
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 minor wife, the couple had been in a relationship since 2018 and began living together in 2019 with their family’s consent. The girl was 16 years old at the time, and when she became pregnant, the medical officer reported the matter to the police due to her minor status. The court’s decision to quash the charges reflects the ongoing debate about the flexibility of the POCSO Act regarding the age of consent.
Additionally, the Meghalaya High Court, in one of its judgments, has recognized the consent of sexual relationships involving adolescents. Another judgment held that, considering the physical and mental development of adolescents aged around 16 years, it would be logical that such a person is capable of making a conscious decision regarding their well-being concerning the actual act of sexual intercourse.
From these judgments, it is clear that the judiciary plays an important role in interpreting laws within the understanding of societal problems and cultural conditions with the thoughts and needs to balance the approach to protect children from sexual offences while also considering the evolving thinking capabilities of adolescents to engage in relationships.
The Way Ahead
Sexual crimes in Meghalaya are rising, and it is alarming to see adolescents indulge in sexual relationships with their partners without knowing the effects of these relations that impact their health and careers. The lack of knowledge of adolescents on the age of consent has legal implications, and the male counterparts must face legal action as per the law. The only way to eradicate this social evil is to start imparting sex education within the family and in schools to educate the children. Outreach programs in society through various engagements, such as social media and women’s groups, sex education as part of the curriculum, and a separate subject on the Protection of Children from Sexual Offences Act, 2012, in educational institutions will go a long way. Traditional institutions hold the power to maintain welfare and settle societal disputes. The state government must work with these institutions in implementing schemes or programs, as these institutions can be vital in educating youths to take the right steps. It takes 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.