SC Urges Union Government to Introduce a “Romeo-Juliet” Clause in POCSO Act

Syllabus: GS2/ Polity & Governance

In News/Context

• The Supreme Court of India has flagged the misuse of the POCSO Act in cases of consensual adolescent relationships and urged the Union Government to examine the feasibility of introducing a “Romeo–Juliet clause”.

Core Issue Highlighted by the Court

• Criminalisation of Consensual Adolescence: Under current law, even if two individuals are in a consensual romantic relationship, the moment one is below 18 years (even by a day), stringent POCSO provisions apply.
• Harmful Impact of Criminal Process: Adolescents are drawn into police investigation, arrest, trial and incarceration, causing long-term psychological and social damage.
• Misuse and Weaponisation of POCSO: The Court noted that POCSO has been “weaponised” against young couples.
  • Common practices include misrepresentation of age to attract POCSO provisions and use of the law by families to punish or disrupt relationships they disapprove of (inter-caste, inter-faith, or non-conforming relationships).

What is a Romeo–Juliet Clause?

• A legal exception, developed in the US and parts of Europe, named after Shakespeare’s teenage lovers.
• It does not lower the age of consent, but shields adolescents close in age from criminal liability for consensual intimacy.
• It seeks to retain a robust child protection framework while recognising the realities of adolescence.

Limitations of the Romeo–Juliet Approach

• Any age-based exemption merely redraws the line, rather than resolving the core issue.
• This clause raises difficult questions like if 16–18-year-olds are exempted, what about those just below 16 or on what principled basis does the same conduct become criminal again?

About the POCSO Act, 2012

• Purpose: Enacted to protect children (below 18 years) from sexual assault, sexual harassment, and pornography.
• Gender-Neutral Law: Defines a child as any person below 18 years, irrespective of gender.
  • Applies to both male and female victims and offenders.
• Categorisation of Offences: Covers penetrative and non-penetrative sexual assault, sexual harassment, and aggravated offences.
  • Prescribes stringent punishments, ranging from imprisonment to life sentence.
• Special Courts and Child-Friendly Procedures: Establishes Special Courts for speedy, in-camera trials.
  • Ensures protection from hostile questioning, exposure to the accused, and provides for compensation and rehabilitation.

Source: IE