Context:
The Supreme Court has urged the Union Government to consider introducing a ‘Romeo-Juliet’ clause in the Protection of Children from Sexual Offences (POCSO) Act to prevent misuse in cases of consensual adolescent relationships.
Key Highlights:
- Judicial Observation
- Court noted instances where POCSO is used by families to:
- Settle personal scores.
- Criminalize consensual teenage relationships.
- Concern over young boys being jailed under statutory rape provisions.
- Judgment copy circulated to the Union Law Secretary.
- Proposed ‘Romeo-Juliet’ Clause
- Would exempt consensual sexual relationships between:
- Teenagers close in age.
- Aims to prevent:
- Criminalization of adolescent romance.
- Misapplication of stringent child protection law.
- Legal and Ethical Concerns
- Need to balance:
- Protection of minors from exploitation.
- Avoiding unjust prosecution in consensual cases.
- Raises debate on age of consent and evolving adolescent autonomy.
Relevant Prelims Points:
- POCSO Act, 2012:
- Protects children (<18 years) from sexual offences.
- Gender-neutral legislation.
- Provides for Special Courts and child-friendly procedures.
- Statutory Rape:
- Sexual activity with a minor irrespective of consent.
- Age of Consent in India:
- 18 years.
- POCSO overrides provisions of IPC in child sexual offences.
Relevant Mains Points:
GS 2 – Polity
- Judicial activism in recommending legislative reform.
- Doctrine of proportionality in criminal law.
- Need to prevent misuse of protective legislation.
- Federal legislative competence in criminal law (Concurrent List).
GS 2 – Social Justice
- Balancing child protection with adolescent rights.
- Concerns over:
- Criminal justice burden.
- Social stigma.
- Reformative vs punitive approach.
- Comparative global practices allow “close-in-age exemptions”.
- Risk:
- Loopholes may be exploited if safeguards are weak.
- Way Forward
- Constitute expert committee including:
- Child rights experts.
- Psychologists.
- Legal scholars.
- Define clear age-gap thresholds.
- Maintain strict penalties for coercion or exploitation.
- Increase awareness about adolescent health and consent.
- Strengthen counselling and mediation mechanisms.
UPSC Relevance:
Child protection laws, Judicial review, Criminal law reform, Social justice, Balancing rights and protection in welfare legislation.