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A bench of Justices Sanjay Karol and N. Kotiswar Singh said that introducing a ‘Romeo-Juliet’ clause is necessary to prevent the widespread misuse of strict laws like POCSO.
SC asks Centre to introduce 'Romeo-Juliet' Clause to POSCO
New Delhi: The Supreme Court has taken cognizance of the misuse of the Protection of Children from Sexual Offences (POCSO) Act and has asked the Central Government to consider introducing a 'Romeo-Juliet' clause to curb this problem so that the teenagers who enter into consensual relationships out of immaturity, can be saved.
A bench of Justices Sanjay Karol and N. Kotiswar Singh said that introducing a 'Romeo-Juliet' clause is necessary to prevent the widespread misuse of strict laws like POCSO. The central government needs to take strict action on this.
SC Sets Aside HC Order
The case reached the Supreme Court through a challenge by the Uttar Pradesh government against an Allahabad High Court order granting bail to an accused in a sexual assault case involving a minor girl. The Supreme Court found the High Court's order flawed but upheld the bail granted to the accused.
Need For Romeo Juliet Clause
The court said that judicial notice has been repeatedly taken of the misuse of these laws, therefore, a copy of this judgment should be sent to the Law Secretary of the Government of India so that they may consider taking necessary steps to prevent this problem, including, among other things, incorporating a Romeo-Juliet clause that exempts genuine teenage relationships from the purview of this law. A system should also be created to prosecute those who misuse these laws for revenge.
What Is Romeo-Juliet Clause?
The Romeo-Juliet clause suggested by the Supreme Court aims to exempt genuine teenage relationships from the harsh provisions of the POCSO Act. Often, when families object to consensual relationships between teenagers, a case is filed against the boy under the POCSO Act. Since consent is not a defense under POCSO, the accused, despite being a minor, faces severe imprisonment.
Therefore, the Supreme Court believes that laws should be introduced that can distinguish between cases that are frivolous and those that constitute genuine crimes.
