The Supreme Court of India has urged the Union government to consider introducing a “Romeo–Juliet clause” in the Protection of Children from Sexual Offences (POCSO) Act.
Case Background
- The judgment arose from an appeal filed by the State of Uttar Pradesh against an Allahabad High Court order granting interim bail.
- The High Court had relied on wide inconsistencies in the victim’s age as reflected in school records and her own statements regarding age and intimacy.
Supreme Court’s Observations on POCSO Abuse
- Weaponisation of Law: The court warned that a law enacted with “noble intent” is being used to “settle scores” and exact revenge.
- Judicial Alarm: Courts have repeatedly sounded alarm over the misuse and misapplication of POCSO
- Familial Opposition: The law is often invoked by families seeking to disrupt relationships they oppose, rather than to protect against abuse.
- Two Contrasting Realities:
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- Child survivors of heinous sexual offences remain “silenced by fear” and constrained by poverty and stigma.
- Privileged families with literacy, social and monetary capital are able to manipulate the law.
What is the Romeo–Juliet Clause ?
- Origin: First developed in the United States and parts of Europe.
- Purpose: A legal exemption to decriminalise consensual sexual activity between adolescents close in age, without lowering the age of consent.
- Core Objective:
- Retain a strong child-protection law while preventing its distortion into a tool of over-criminalisation
- Intended to prevent criminal prosecution for statutory rape in cases of consensual, age-proximate relationships
| Note: The Romeo–Juliet clause does not lower the age of consent and does not decriminalise sexual offences against minors generally. It only provides a close-in-age exemption. |
Age of Consent
- The age of consent refers to the legally prescribed age at which an individual can validly agree to sexual activity.
- In India, this age is 18 years, as mandated under the POCSO Act, 2012, Indian Penal Code (IPC), and the Bharatiya Nyaya Sanhita (BNS), 2023.
Key Trends and Data
- Early Sexual Experience: According to NFHS-4, nearly 39% of Indian girls reported having their first sexual experience before the age of 18, indicating a gap between social realities and legal thresholds.
- Nature of POCSO Cases: Studies conducted by Enfold and Project 39A (2016–2020) revealed that around 25% of POCSO cases involved consensual adolescent relationships, rather than instances of sexual abuse or exploitation.
- Changing Case Patterns: A growing number of POCSO cases reflect parental opposition to teenage romantic relationships, highlighting the increasing use of criminal law to regulate adolescent behaviour rather than to address coercive crimes.
Existing Legal Framework
- Under POCSO Act, IPC Section 375, and BNS Section 63, any penetrative sexual act involving a person below 18 years attracts stringent punishment.
- Section 6, POCSO Act, Section 9, Prohibition of Child Marriage Act, 2006, and provisions of IPC/BNS prescribe severe penalties, even in consensual cases.
About Protection of Children from Sexual Offences (POCSO) Act, 2012
- Purpose: The POCSO Act was enacted in 2012 to protect children from sexual abuse, sexual harassment, and pornography.
- Definition of Child: Any person below 18 years of age.
- Consent: POCSO deems all persons below 18 years incapable of giving valid consent.
- Nature of Offences: Strict liability offences, consent of the minor is legally irrelevant.
- Child-Friendly Procedure: Mandates special courts, in-camera trials, video-recorded testimonies, and time-bound procedures.
- Burden of Proof: Presumption of guilt against the accused, unless proved otherwise.
- Gender Neutrality: Applies to all children irrespective of gender, including provisions for male and transgender child victims.
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Law Commission’s Position (2023)
- Against lowering the age of consent.
- Recommended Approach: Adoption of “guided judicial discretion” during sentencing in cases involving children aged 16–18 years engaged in voluntary, consensual relationships.
Judicial Recommendations
- Madras High Court (2021): Vijayalakshmi vs State Rep.:
- Suggested that in consensual adolescent relationships, the age difference should not exceed five years.
- Legal Literacy: Adolescents must be educated about sexual offence laws and consequences.
| PW OnlyIAS Extraedge
Conceptual Classification: Mala in Se vs Mala Prohibita
- Mala in Se: Inherently wrongful acts such as violence and exploitation, which rightly attract criminal sanctions.
- Mala Prohibita: Acts that are wrongful only because the law prohibits them.
- Adolescent Consensual Intimacy: Generally falls under mala prohibita, as it is criminalised due to age, not inherent harm.
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12 Jan 2026
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