The Protection of Children from Sexual Offences (POCSO) Act, enacted in 2012, is one of India's most stringent laws to safeguard children. It was designed with a zero-tolerance stance towards sexual offences against minors. However, for some, the law has become more of a punishment than protection. Two recent incidents from Wayanad—the imprisonment of a tribal youth in Meenangadi and the tragic suicide of Gokul in Kalpetta—highlight this troubling trend.
Adivasi Love Stories Caught in the POCSO Net
In the 2014 Meenangadi case, a 19-year-old tribal youth took his pregnant girlfriend to the hospital. The two were in a committed relationship and considered themselves married in the traditional sense. However, since the girl was under 18, the doctor reported it to the police, citing a violation of the POCSO Act. A case was filed, and the youth ended up in Kannur jail.
Later, through the intervention of human rights activists, the couple was officially married and now have two children, one of whom is in Class 10. Still, the case remains in the High Court. Despite mutual consent, the law has branded the young man a criminal.
Gokul’s Road to Tragedy
In late March 2025, 17-year-old Gokul and his girlfriend left home, prompting a missing case to be registered by the Ambalavayal Police. The two were later found in Kozhikode. Out of money, they approached the women’s police for help. This turned disastrous when both were taken into custody, with Gokul being held at Kalpetta police station. The next morning, Gokul died by suicide in custody.
POCSO’s Complexity Meets Cultural Realities
Early marriages are common in tribal communities. These societies have their own interpretations of love and family life, which often clash with rigid legal frameworks like POCSO. The two cases highlight how such laws affect communities with unique customs and practices.
Age-related documentation adds to the complexity. Discrepancies in Aadhaar, school certificates, and voter IDs are common. Many Adivasis don't know their exact birth dates, and educational institutions often estimate them—something frequently seen in Wayanad.
Unintentional Lawbreakers
In 2017, out of 36 undertrial prisoners in Vythiri jail, 27 were Adivasis. This stark statistic reveals the hidden tragedy behind the POCSO Act. A lack of awareness and poor legal education turns these youth into offenders. Often, the relationships are consensual, supported by the girl and her family. But the law does not accommodate such social realities.
Rethinking and Responsibility Needed
Gokul’s death sparked widespread protests in Wayanad. Though two police officers were suspended, the public continues to demand a judicial inquiry. There are ongoing investigations into whether Gokul suffered mental harassment from the police.
This shows that while the intent and effectiveness of POCSO are unquestionable, its implementation often ignores social contexts and leads to tragic consequences. When it comes to Adivasi communities, the law needs to engage more humanely and culturally sensitively.
Awareness is the Only Way Forward
Legal awareness programs, law education, and possible reforms are essential to reduce these conflicts. Society must ensure that the law stands to protect Adivasi youth—not push them into jails or suicide.
