Lagatar24 Desk
New Delhi: The Supreme Court has urged the Union government to consider incorporating a “Romeo-Juliet clause” into the Protection of Children from Sexual Offences (POCSO) Act to prevent criminalisation of genuine consensual relationships between adolescents who are close in age.
Why The Supreme Court Raised The Issue
A bench comprising Justices Sanjay Karol and NK Singh made the observation while setting aside certain directions of the Allahabad High Court in a POCSO-related bail matter. The court noted that strict child protection laws are increasingly being invoked in cases involving consensual teenage relationships, often driven by family opposition rather than actual abuse.
What Is The Romeo-Juliet Clause
The Romeo-Juliet clause is a legal provision designed to protect adolescents in consensual romantic relationships from prosecution under statutory rape laws, provided the age difference between them is minimal. The concept originates from the United States, where lawmakers were concerned that teenagers were being unfairly criminalised despite mutual consent. The term is inspired by Shakespeare’s Romeo and Juliet, symbolising young love between people of similar age.
Who Would Get Protection Under The Clause
Under the proposed framework discussed by the Supreme Court, consensual relationships involving a minimum age of 16 years and an age gap of up to three years would not attract criminal charges. The idea is to distinguish between exploitative abuse and voluntary adolescent relationships, ensuring that the law does not treat teenagers as offenders.
Change In Age Of Consent And Its Impact
For decades, the age of consent in India was 16 years. However, the enactment of the POCSO Act in 2012 raised it to 18 years, aligning with the UN Convention on the Rights of the Child. As a result, any sexual activity involving a person below 18 is deemed statutory rape, irrespective of consent, under the Criminal Law (Amendment) Act, 2013.
Rising Criminal Cases Against Teenagers
The Supreme Court highlighted data showing misuse of POCSO in consensual cases. According to NGO Enfold India, nearly one-fourth of POCSO cases in states like Assam, Maharashtra and West Bengal involve consensual teenage relationships, with over 80 percent of such complaints filed by parents opposing the relationship. In most cases, boys are charged with statutory rape while girls are automatically treated as victims, even when consent is evident.
