Bhubaneswar: The Supreme Court of India has urged the Union government to consider introducing a “Romeo–Juliet” clause in the Protection of Children from Sexual Offences (POCSO) Act to prevent the harsh criminalisation of consensual adolescent relationships.
A bench comprising Justices Sanjay Karol and N. Kotiswar Singh observed that while the POCSO Act was enacted to protect children from sexual exploitation and abuse, it is increasingly being misused in cases involving consensual relationships between teenagers close in age. The court noted that in several instances, the law is invoked by families to settle personal disputes, resulting in severe legal consequences for young individuals engaged in mutually consensual relationships.
The bench highlighted that a narrowly tailored exemption could shield genuine adolescent relationships from prosecution, provided both individuals are of comparable age and the relationship is consensual. At the same time, the court stressed that such a provision must not dilute safeguards against predatory, coercive, or exploitative conduct involving minors.
In its judgment, the Supreme Court also clarified that high courts should not direct medical age determination at the bail stage in POCSO cases, stating that such orders go beyond the scope of bail proceedings and may prejudice the case at an early stage.
Recognising the broader implications of its observations, the apex court directed that a copy of the judgment be forwarded to the Law Secretary. The court said the matter warrants legislative introspection to strike a balance between robust child protection and fairness towards adolescents who may otherwise face disproportionate punishment under the current legal framework.
The ruling has reignited debate around reforming child protection laws to reflect social realities, while maintaining their core objective of safeguarding minors from abuse.
-OdishaAge
