Court highlighted the misuse of the Protection of Children from Sexual Offences (POCSO) Act in consensual adolescent relationships, the Supreme Court has urged the Centre to consider a “Romeo–Juliet clause” to balance child protection with personal liberty.
Key Highlights of Judgement
- Misuse of Law: Court highlighted the instances where the age of the victim is misrepresented to make the incident fall under the stringent provisions of POCSO and where law has been used by families in opposition to relationships between young people.
- Introducing Romeo–Juliet Clause: To exempt genuine consensual adolescent relationships, where age difference between parties between parties is minimal, from the harsh application of POCSO.
- Ignoring consensual nature of relationship can lead to wrongful imprisonment.
About POCSO Act
- Purpose: Enacted to protect children (below 18 years) from sexual assault, sexual harassment, and pornography.
- Gender-Neutral: Defines a child as any person below 18 years and applies irrespective of the gender of the child or offender.
- Categorisation of Offences: It classifies sexual offences against children into penetrative and non-penetrative assault, aggravated forms etc. prescribing stringent punishments ranging from imprisonment to life sentence.
- Special Courts: That ensure speedy, in-camera trials within a year, safeguards children from exposure to the accused or hostile questioning, and mandates compensation and rehabilitation for child victims.
