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Supreme Court flags misuse of POCSO Act, suggesting a ‘Romeo-Juliet’ exception to protect teen love- could this change how India treats adolescent relationships while still keeping children safe from abuse?
Teen love may get protection under POCSO
New Delhi: The Supreme Court has highlighted growing concerns over the misuse of the Protection of Children from Sexual Offences (POCSO) Act, 2012, urging the government to explore a “Romeo-Juliet clause” to prevent criminalising consensual sexual activity among adolescents. The observation comes amid debates over the age of consent and the Act’s strict liability framework.
On January 9, while setting aside an Allahabad High Court order regarding age determination in a bail matter, a bench comprising Justices Sanjay Karol and N Kotiswar Singh called on the Union Law Secretary to consider legislative amendments to curb the misuse of POCSO.
The court expressed concern that the Act, intended to protect children, is often used by families to interfere in adolescent relationships, creating what it termed a “grim societal chasm.”
What is the ‘Romeo-Juliet’ Clause the Supreme Court urges Centre to add to POCSO?
The proposed clause, inspired by Shakespeare’s characters, would exempt consensual sexual acts between teenagers who are close in age from prosecution under POCSO. Such provisions exist in several countries, including the United States, and aim to differentiate between exploitative abuse and developmentally typical adolescent relationships.
Senior Advocate Indira Jaising, assisting the court as amicus curiae in a pending PIL, highlighted that adolescents between 16 and 18 possess the capacity to make decisions regarding their sexual autonomy. She argued that the current blanket criminalisation infringes on fundamental rights under Articles 14, 15, 19, and 21 of the Constitution and proposed a “close-in-age” exception to prevent undue imprisonment of minors engaged in consensual relationships.
The Union government, however, maintains that the age of 18 is a carefully considered threshold, ensuring children’s protection against manipulation or coercion. Officials have argued that any exception or reduction could create loopholes for abuse, trafficking, and exploitation, and prefer judicial discretion on a case-by-case basis over statutory dilution.
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Research by the Enfold Proactive Health Trust and UNICEF shows that nearly 25% of POCSO cases in Maharashtra, Assam, and West Bengal between 2016 and 2020 involved consensual “romantic” relationships. Many cases are filed by families to control adolescent behavior, often involving inter-caste or inter-religious relationships.
The Supreme Court stressed that while courts have occasionally used discretion to quash such cases, accused minors often spend months or years in custody before relief. The judgment signals the need for structural reform, ensuring that a law designed to protect children does not inadvertently criminalise consensual adolescent relationships, while still safeguarding against exploitation.
