The Supreme Court of India is advocating for the inclusion of a "Romeo-Juliet" clause within the Protection of Children from Sexual Offences (POCSO) Act, 2012, to prevent the law's misuse and protect genuine adolescent relationships. Justices Sanjay Karol and N. Kotiswar Singh, recommended this amendment while hearing a case regarding age determination procedures in a bail matter. The court has directed that a copy of the judgment be circulated to the Secretary, Law, Government of India, to consider initiation of steps as may be possible to curb this menace.
The proposed "Romeo-Juliet" clause aims to create an exception in statutory rape laws for consensual relationships between adolescents who are close in age. This would prevent the criminalization of such relationships under the POCSO Act, which defines a child as anyone under the age of 18 and doesn't recognize a minor's consent to sexual acts. Consequently, any sexual activity involving an individual under 18 is criminalized, regardless of consent or whether it is exploitative.
The Supreme Court has acknowledged the increasing misuse of the POCSO Act, particularly by families opposing relationships between young individuals, to settle scores. The court observed that the POCSO Act, while intended to protect children, has created a "grim societal chasm" due to its misuse. The act is frequently used to oppose relationships between young people. The court is trying to stop criminalizing young boys for normal teenage relationships.
Arguments in favor of the "Romeo-Juliet" clause highlight that the current POCSO law violates adolescents' fundamental rights, disregards their evolving capacity for mature decision-making, deters them from seeking healthcare, and can lead to unjust incarceration in non-exploitative situations. Senior Advocate Indira Jaising, assisting the court as amicus curiae, has argued for either reading down the law or introducing a close-in-age exception. Reform advocates are pushing for changes, arguing that the POCSO law violates adolescents' fundamental rights, ignores evolving capacity, deters healthcare access, and leads to incarceration in non-exploitative cases.
Conversely, the government is cautious about amending the POCSO Act, asserting that its strict protections are essential to prevent child abuse and exploitation. The government says strict POCSO law protections are essential to prevent child abuse, warning that exceptions could create loopholes enabling exploitation and trafficking. Concerns exist that introducing exceptions could create loopholes that could be exploited by those seeking to engage in child abuse and trafficking.
The Supreme Court's call for a "Romeo-Juliet" clause reflects a growing judicial concern about the blanket criminalization of consensual sexual activity between minors and the need to balance child protection with the recognition of adolescent autonomy. The Supreme Court's observation highlights a growing judicial discomfort with the criminalisation of consensual sexual acts between minors. The introduction of a "Romeo-Juliet" clause, similar to provisions in place in some forms in the United States, could offer a nuanced approach to addressing this complex issue.
