THE CRITICAL ANALYSIS OF ADOLESCENT RIGHTS IN INDIA

ABSTRACT  

Teenagers are an important group that is between being a kid and being a grown up. They are.  Growing and they need more freedom to make their own choices. In India teenagers make up a  part of the population almost one fifth. However, the rights of teenagers are not clearly. Are not  always protected by the law. The laws in India mostly look at teenagers as people who need to be  taken care of. They do not always see them as people who have their own rights and can make  their own decisions. Teenagers should be able to participate in decisions that affect their lives and  Indian laws should recognize teenagers as people, with their own rights. This paper looks at the  rights of teenagers in India. It checks what the constitution says, what the laws say and what the  courts have decided. It also looks at what India has agreed to do as part of human rights. This is  especially true when it comes to teenagers being in a relationship with someone and the law  getting involved and when teenagers cannot get the healthcare they need. This paper is trying to  understand what is going on with these rights.  

INTRODUCTION  

A student stood frozen in front of their class while the teacher unlocked their phone. Within  seconds, they could see all notifications, all personal chats, and every private photo. No context,  only a cold phrase: ‘If you have nothing to hide, you shouldn’t be worried.’ But it wasn’t about  hiding; it was about dignity. What followed wasn’t discipline at all, but a deep, silent wound. It  led to sleepless nights, fear of being ridiculed, unexpected discomfort around friends, and  wondering if even they could keep their thoughts private. This wasn’t simply an embarrassing  moment; this was a violation of oneself, more noticeably, a violation of privacy. Countless  adolescents are experiencing this today, at a point where personal space is ended by one adult’s  decision. Schools, families, and systems tell you they are protecting you, yet boundaries are  increasingly blurred, and the cost including mental health, trust, and worth all but rests on those  unseen lines. This blog hopes to speak to a reality few were willing to acknowledge: what  happens in the formation of a generation if what is learned first about privacy is that they don’t  have any? It would follow that, if privacy is a fundamental right, then adolescents also have the right to privacy. In this paper effectively indicates the reformative measures and Rights of  adolescent in India. , this paper identifies significant legal and implementation gaps. The  research argues for a paradigm shift from a paternalistic welfare model to a rights-based,  participatory framework that balances protection with autonomy.  

FRAMING PRIVACY THROUGH THE LENS OF TEENAGERS  

Adolescent privacy denotes a right to shield parts of one’s life from unnecessary influences or  scrutiny. A young person will want to protect aspects of their thoughts, emotions, digital  activities, and physical space as they demand their independence, form their identities, and create  emotional boundaries during adolescence. Unfortunately, many young people in India have few  or no privacy rights at home or school. Checks other phones, monitoring the conversations,  surveillance by schools, parents, and largely exercising control over young people’s choices  contribute to their gut feeling that they do not have privacy rights. This could lead to distress,  withdrawal, or forms of rebellion. In Justice K.S. Puttaswamy v. Union of India, the Supreme  Court of India confirmed that the right to privacy is an intrinsic right guaranteed to every person  under Article 21 of the Constitution. 1The Court indicated that privacy encompasses personal  autonomy, personal dignity, and information control. Assuming all the caveats about the case  focused on adult citizens, the principles continue to apply to adolescents. No matter the legal  framework, every young person is entitled to a safe space, free from judgment or surveillance, to  explore and figure out who they are. Supporting adolescent privacy is not about creating spaces  for adolescents to hide; it’s about allowing them the opportunity to grow into self-affirming  adults with dignity. The rights of teenagers, in India are very important. By drawing upon the  doctrine of evolving capacities under the United Nations Convention on the Rights of the Child  and constitutional Rights, including the right to dignity and privacy.  

INDIAN LEGISLATIVE FRAMEWORK AFFECTING ADOLESCENT RIGHTS  

• Juvenile Justice (Care and protection of children) Act, 2015 The welfare-oriented  approach to care and rehabilitation as advocated by the JJ Act follows from the cardinal  principle of best interests of child but inadequate provision for child participation finds no  space in the juvenile justice act provisions. The provisions of the Juvenile Justice Act  apply universally to all children under 18 without providing for different age stages as  children’s capacity develops with age.  
• Protection of Children from Sexual Offences Act, 2012 The POCSO Act categorically  criminalizes all forms of sexual activity that involve a person under the age of 18,  irrespective of their consent. The impact of such a law on the rights of marginalized  populations, who are disproportionately being convicted in consensual adolescent  relationships, undermines their sexual autonomy, intimacy, and dignity.  
• Prohibition of child marriage Act, 2006 Even though it intends to protect the girl child  from exploitation in the form of child marriages, there are also instances where the act  does not address the socio-economic issues, which are the main reasons for the problem,  effectively. It does not take into account the notion of the “autonomy of the girl-child” in  older adolescent marriages, which raises issues on the subject’s 

UNEQUAL TREATMENT IN TEENAGE RELATIONSHIPS  

In India, the law has some contradictions and biases regarding gender that surround adolescents  and sexual relationships. For example, under the POCSO Act of 2012 (Protection of Children  from Sexual Offences Act), any sexual activity between an under-18-year-old and another person  is considered statutory rape, regardless of consent2. Yet, it is silent when examining the male  victim or when both adolescents are willing participants. In most cases, the male adolescent  becomes marked as the offender instead of reflecting the evident gender disparity in sexual  relationships. Furthermore, while Muslim personal law has permitted courts to accept that a girl  can marry upon reaching puberty (which is generally accepted to be about 15 years),3statutory law defines a child as under 18. The intersection of these legal interpretations does not provide  clarity, particularly regarding the privacy and consent of adolescents. Instead of criminalizing relationships between  consenting adolescents, it is increasingly necessary to harmonize personal laws, child protection  legislation, and adolescent rights so that there can be equality, clarity, and privacy. This was seen  in the Ashik Ramjan Ansari v. State of Maharashtra, a case involving a consensual adolescent  relationship4. The study shows that there are problems when it comes to the laws about how old  you have to be to agree to something what society thinks is right and what is really happening in  the lives of teenagers.  

Fact of the case:  

Ashik Ramjan Ansari, who is 25 years old, was convicted on IPC Section 363, IPC Section 376,  IPC Section 109 and Section 4, Section 6, Section 17 by Special POCSO Court in 2019 for  kidnapping and sexually assaulting a 17-year-old girl that he was dating. Although she left home  freely, she was still treated as a minor according to the legislation. While hearing appeal against  conviction, the Bombay High Court noted the consensual nature of the relationship and the  minimal age difference between them, suggesting that statutory provisions that are intended to  protect children also need to be applied flexibly to relationships between adolescents. The Court  ultimately acquitted Ansari from the charges and overturned his conviction.  

Issue:  

1) Is consensual sexual intercourse with a minor (17 years old) an act of rape under the POCSO  Act  

2)Is he guilty of offences under Section 376 of the IPC as well as, Sections 4 and 6 of the  POCSO Act?  

Judgement:  

The Division Bench dismissed the appeal, overturned the conviction and sentence imposed by  the Special POCSO Court, and directed that the appellant be acquitted of all charges on the grounds of the consensual nature of the relationship and in view of the close age proximity. In this case is  a milestone factor of the adolescent Relationship cases.  

LEGAL SAFEGUARDS FOR ADOLESCENT PRIVACY IN INDIA  

India does not have one overarching law that protects adolescent privacy, but a collection of laws  provides indirect protection. Firstly, under Section 74 of the 2015 Juvenile Justice (Care and  Protection of Children) Act, there is a prohibition on disclosing any identifying information that  is part of a juvenile’s legal proceedings5, which has been emphasized to law enforcement recently  with advisories intended to prevent law enforcement officers from leaking case details to the  media. Secondly, the specific instance of privacy violations is referenced in Section 66E of the  Information Technology Act, 2000, which criminalizes a person violating the privacy of another  by capturing images or otherwise sharing that private image without their consent6. Finally, India  is a signatory to the UN Convention on the Rights of the Child, which states under Article 16 that  every child has a right to protection from arbitrary interference with respect to privacy7. While  these statutes purport to protect children, they are piecemeal and do not provide full remedial  action against privacy violations that take place in children’s homes, in schools, or via social  media. It is clear that there is still a strong need for youth-specific privacy law in India that can  specifically protect adolescents from shame and autonomy and allow them the opportunity for  good mental health.  

STRENGTHENING ADOLESCENT RIGHTS:  

To seriously protect adolescent privacy, India needs a comprehensive, youth-inclusive privacy  policy that bans schools’ unauthorized phone checking, or public shaming, while parents  maintaining emotional and digital boundaries around privacy should reflect this for trust-based  parenting. We should fully introduce sex and consent education to enable adolescents to  acknowledge their rights and make informed choices. The POCSO Act needs to be modified to  differentiate consensual teenage relationships from those that can be termed as exploitation; in cases of the latter, laws governing minors must treat both individuals in a relationship equally if  two minors are in a relationship where consent is informed and mutual, it should not be criminal  for the male assenting party. Ensuring that gender-neutral protections are offered in our laws  ensures equitable justice. We can harmonize personal laws with child protection laws, so our  personal laws no longer contradict child age, consent, and marriage proxy issues. Educators,  families, and lawmakers must work together to ensure that adolescent lives are composed of an  atmosphere where they feel they can express their privacy, dignity, and equality.  

CONCLUSION:  

India’s enshrined legal structures were created to protect children, but they, like so much of  adolescent relationships and privacy, are often not really contemplated. That is to say, in the  application of laws such as the POCSO Act, consensual adolescent sexual activity is almost  always treated like a criminal act, most importantly for boys. However, changes should be made  to the laws not only to address the misuse but also to create equitable sex in terms of gender and  to ensure that every participant in a relationship is addressed accordingly. There are also  considerable gaps in the law concerning privacy, consent, and age. Comprehensive sex education  must be available in schools so that adolescents can be educated on consent, relationships, and  the emotional maturity involved in sexual activity. Education and awareness must also be worked  out with parents, educators, and communities to alleviate stigma and create social understanding  to promote adolescent development. Protecting adolescents is not controlling them; it is allowing  youth space to develop while ensuring they are treated with dignity, respect. Supporting privacy  and rights is a delicate issue that alone needs balanced attention but also involves legal certainty, education, and awareness. Adolescents is an Integral part of a society Structural Aspects so  Government should ensure the adolescent Rights. 

Reference(S):

1Justice KS Puttaswamy (Retd) v Union of India (2017) 10 SCC 1 (SC). 

2 Protection of Children from Sexual Offences Act 2012, No. 32 of 2012 (India).  

3 Muslim Personal Law (Shariat) Application Act, 1937. 

4 Ashik Ramjan Ansari v. State of Maharashtra, 10 SCC 456 (Supreme Court) 

5Juvenile Justice (Care and Protection of Children) Act 2015, s 74.  

6Information Technology Act 2000, s 66E  

7 UN Convention on the Rights of the Child (adopted 20 November 1989, entered into force 2 September 1990)  1577 UNTS 3.