SC asks Centre to consider ‘Romeo-Juliet’ clause in POCSO to prevent prosecution of consensual teens relationships

The Supreme Court has asked the Union Government to consider the possibility of introducing a “Romeo-Juliet” clause in the Protection of Children from Sexual Offences (POCSO) Act to prevent the criminal prosecution of adolescents involved in consensual relationships. The Court noted that such cases often involve individuals below the age of consent but with only a small age gap.

A Bench comprising Justices Sanjay Karol and N Kotiswar Singh, in a post-script to a judgment, directed that the ruling be circulated to the Secretary, Ministry of Law and Justice, Government of India, to explore legislative measures to address what it described as the misuse of POCSO provisions.

“Considering the fact that repeated judicial notice has been taken of the misuse of these laws, let a copy of this judgment be circulated to the Secretary, Law, Government of India, to consider initiation of steps as may be possible to curb this menace inter alia, the introduction of a Romeo – Juliet clause exempting genuine adolescent relationships from the stronghold of this law; enacting a mechanism enabling the prosecution of those persons who, by the use of these laws seeks to settle scores etc.”

The observation was made while dealing with an appeal arising from an Allahabad High Court order, which had granted bail to a juvenile accused and issued broad directions requiring investigating agencies to conduct medical age-determination tests, including ossification tests, at the initial stage of investigation.

The Supreme Court set aside these directions, holding that they were inconsistent with the Juvenile Justice (Care and Protection of Children) Act, 2015. The Court pointed out that Section 94 of the Act lays down a mandatory sequence for determining age—first through a matriculation or equivalent certificate, followed by a birth certificate issued by a municipal authority or panchayat. Medical examinations, the Court clarified, can be ordered only when such documents are unavailable.

While the Bench did not interfere with the High Court’s decision to grant bail, Justice Karol, who authored the judgment, used the post-script to flag the increasing tendency to invoke POCSO in cases involving consensual romantic relationships between adolescents. The Court observed that such prosecutions often end up criminalising youthful behaviour and have far-reaching consequences for both the accused and the alleged victim, as well as their families.

Explaining the concept, the Court noted that a “Romeo-Juliet” clause, recognised in several legal systems worldwide, creates an exception to statutory rape laws where the age difference between the individuals is minimal and the relationship is consensual. Such provisions are intended to distinguish non-exploitative adolescent relationships from cases involving abuse or coercion.

Accordingly, the Supreme Court directed that its judgment be forwarded to the Law Ministry, recommending consideration of legislative safeguards of this nature. It also suggested the development of a mechanism to take action against those who deliberately misuse POCSO provisions to settle personal disputes or exert social pressure.
(With Live Law Inputs)