Supreme Court Urges Centre to Protect Genuine Teen Romances from POCSO with New ‘Romeo-Juliet’ Clause
Supreme Court Urges Centre to Protect Genuine Teen Romances from POCSO with New ‘Romeo-Juliet’ Clause
New Delhi, 9 Jan : In a significant move to curb the misuse of child protection laws, the Supreme Court of India has called upon the Central Government to consider amending the Protection of Children from Sexual Offences (POCSO) Act. The apex court suggested the introduction of a "Romeo-Juliet" clause, designed to exempt genuine consensual relationships between adolescents from the Act's stringent criminal provisions.
A bench comprising Justices Sanjay Karol and N. Kotiswar Singh highlighted the "rampant misuse" of the legislation, noting that while the POCSO Act is a critical tool for protecting children, it is increasingly being weaponized to settle personal scores. The Court observed a troubling societal divide where the law is often manipulated by the privileged to target others, while genuine victims from marginalized backgrounds remain silenced by stigma and poverty.
Curbing Misuse and Protecting Youth
"Consider initiation of steps... to curb this menace inter alia, the introduction of a Romeo-Juliet clause exempting genuine adolescent relationships from the stronghold of this law," the bench stated in its directive to the Law Secretary regarding the judgment. The Court emphasized that a mechanism is needed to prosecute those who exploit these laws for malicious purposes.
No Mandatory Age Tests at Bail Stage
In the same ruling, the Supreme Court set aside a directive from the Allahabad High Court that had mandated medical age-determination tests for victims in all POCSO cases at the bail stage. The apex court clarified that determining a victim's age is a matter for the trial phase, not bail hearings.
The bench ruled that High Courts cannot use their bail jurisdiction to conduct "mini-trials" or issue protocols that contradict statutory powers. While the Supreme Court overturned the High Court’s procedural directive, it left the specific order granting bail to the accused in the underlying case undisturbed.
The judgment reinforces the judiciary's stance that while the safety of children is paramount, the law must distinguish between predatory sexual abuse and consensual adolescent relationships to prevent injustice.
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