Teenage Pregnancy- Sexually Violated or Sexually Active: Medico Legal Dilemmas of POCSO Act 2012 and other Related Acts

Teenage Pregnancy- Sexually Violated or Sexually Active

Abstract

POSCO Act 2012 and Criminal Law Amendment Act, 2013 mandates reporting of all child sexual offenses with provisions of stringent punishment for offense as well as non-reporting. However, many other acts related to Child Marriage Restraint Act, MTP Act etc. have provisions under which there are exceptions to accept child marriages under some categories. Resultantly, there are numerous judgements from Hon’ble Courts, some accepting the child marriages and others strongly refuting it. There is no controversy anywhere, that child marriage should not be suppressed. However, in the current socio-cultural context, where child marriage is prevalent, what should be the implications on health care providers if they come across teenage married pregnant lady, or teenage approach for contraception or MTP? Will you give reproductive and sex education to children and adolescents?. Is there need to distinguish offenses of child marriage from sexual offense? We have tried to raise a debate on the issue to inform policy makers for suitable amendments.