Supreme Court urges exemption for consensual adolescent relationships under POCSO

The Hindu
The Hindu
14h ago
The Supreme Court asked the Union government to introduce a ‘Romeo-Juliet’ clause in the POCSO Act to exempt genuine consensual adolescent relationships close in age from criminal prosecution often initiated by families.
Supreme Court urges exemption for consensual adolescent relationships under POCSO
A What happened
The Supreme Court asked the Union government to introduce a ‘Romeo-Juliet’ clause in the POCSO Act to exempt genuine adolescent relationships from criminal prosecution by families and others who use the law to “settle scores”. Justice Sanjay Karol wrote that POCSO cases filed at the behest of a girl’s family objecting to romantic involvement have become commonplace and that young boys consequently languish in jail. The court ordered its judgment copy to be circulated to the Union Law Secretary to take steps to “curb this menace”. The court said it had repeatedly come across abuse of POCSO, including misrepresentation of a victim’s age to bring incidents under stringent provisions and use of the law by families opposing relationships between young people.

Key insights

  • 1

    Court warns that misuse of a protective law can invert justice: Justice Sanjay Karol wrote that when a law with “noble” intent is misused as a tool for revenge, the notion of justice “teeters on the edge of inversion” and courts have sounded alarm about this situation.

  • 2

    Court highlights unequal ability to use the legal system: The court pointed to a gap between child survivors who are silenced by fear and constrained by poverty or stigma and privileged people with literacy and social and monetary capital who can manipulate the law to their advantage.

  • 3

    Age determination should follow a documentary-first hierarchy: The Supreme Court referred to Section 94 of the Juvenile Justice Act, 2015, which prioritises documentary evidence such as school or municipal certificates to establish age and allows medical testing only as a last resort.

Takeaways

The Supreme Court called for a Romeo-Juliet exemption in POCSO and directed the Union Law Secretary to take steps to curb misuse of the law against consensual adolescent relationships.

Topics

World & Politics Policy & Regulation Human Rights Law & Public Safety Crime & Justice Courts Law Enforcement

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