The Court in the matter of Vikesh Kalawat versus the state of Madhya Pradesh requested the Law Commission to amend the POCSO act making it possible for the judges to impose correctional methods on convicts rather than sentencing them when the accused and victim have married.
The court highlighted that the act does not distinguish between rape without consent and with consent though punishable.
It highlighted the helplessness of the judges to impose sentences as per the legislature’s will in cases of rape with consent but being punishable because of the victim being below 18 years of age.
The court also highlighted that the term child in the act is gender neutral and in cases where both the parties are below the age of consent then how will the court determine who is the victim and who is the offender.
The court further stated that the if case is related to rape, sexual assault, aggravated sexual assault and sexual harassment of a child by an adult offender when consent is absent then in such cases the provision of the POCSO act are just and proper however they are oppressive when they are applied to marginalized sections of society who are illiterate and poor and therefore the applicability of provisions of POCSO to Such cases presents gross injustice.