Will teen love be decriminalized? Supreme court suggests Romeo–Juliet clause
New Delhi (The Uttam Hindu): The Supreme Court has made a very serious and important comment on the increasing misuse of the POCSO Act, which was made to protect children from sexual abuse. The apex court has said that this law is a symbol of a 'sacred' and noble intention for the protection of children, but sadly, in many cases it is being used as a weapon for revenge and settling personal scores. The court has suggested the central government to consider this problem and include a 'Romeo-Juliet clause' in the law, so that consensual relationships between teenagers can be saved from unnecessary criminal prosecutions.
Teenage love and the crisis of criminalization
A bench of Justices Sanjay Karol and N. Kotiswar Singh noted that cases are increasing across the country where consensual relationships between teenagers are being subjected to harsh criminal action. Often, due to family displeasure, the boy is charged with serious sections of the Protection of Children from Sexual Offences (POCSO) Act, citing the girl's age as under 18. The court suggested that a "Romeo-Juliet Clause" be considered to protect genuine teenage love affairs from the harshness of the law. This clause would provide relief in cases where both parties are in a consensual relationship and there is a small age difference.
Allahabad High Court's order quashed
The Supreme Court's observation came in a case from Uttar Pradesh (State vs. Anuruddha). While granting bail to an accused, the Allahabad High Court had issued instructions mandating a medical age test for victims at the outset of investigations into POCSO cases, and that courts should take a strict stance when school certificates are questioned. The Supreme Court, while quashing these instructions, stated that the High Court had exceeded its jurisdiction. The apex court clarified that courts cannot conduct "mini-trials" or issue such general instructions regarding the investigation process when hearing bail applications. The Juvenile Justice Act already provides a procedure for determining age.
The gap between the real victims and the influential people
The court also pointed out a harsh truth. The bench said that the misuse of POCSO is creating a deep inequality in society. On one hand, there are children who truly need protection, but due to poverty, fear, and social stigma, they are unable to access justice. On the other hand, wealthy individuals are using this law for their own benefit and revenge. The court also advised lawyers to act as a filter and not recklessly file cases motivated by vengeance.
What is the Romeo-Juliet clause?
The clause suggested by the Supreme Court is applicable in many Western countries. Under the "Romeo-Juliet Clause," consensual relationships between two teenagers with a small age difference (e.g., 2 to 4 years) are excluded from the category of serious sexual offenses. This is intended to protect young people from being convicted for life for natural attractions or mistakes of their age. The Supreme Court has directed that a copy of its decision be sent to the Union Law Secretary so that the government can seriously consider it.