Brief Context
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 Crim
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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