The Supreme Court has called on the Union government to consider introducing a "Romeo-Juliet clause" in the Protection of Children from Sexual Offences (POCSO) Act to protect genuine consensual relationships between adolescents from criminal action.
A bench of justices, Sanjay Karol and NK Singh, made the observation while overturning certain directions issued by the Allahabad High Court in connection with a bail plea under the POCSO Act, according to Bar and Bench.
What is the Romeo-Juliet clause?
The Romeo-Juliet clause is meant to protect consensual relationships between adolescents, who are either close in age or of similar age, so they are not treated as criminals under strict child protection laws. The law got its name from Shakespeare's Romeo and Juliet, a famous play about two young Italian lovers from feuding families.
The law was first introduced in the United States because there was concern that teenagers in consensual relationships were being unfairly criminalised for statutory rape.
Who is exempted from the Romeo-Juliet clause?
If two adolescents are in a relationship and the age difference between them falls within a specific threshold, typically between two to five years, the law would not prosecute them. Under the proposed law, a minimum 16-year-old having a relationship with a maximum age gap of 3 years would not attract criminal charges.
The SC said that instead of being used only to protect children from sexual abuse, such laws are also being applied in cases where teenagers are in genuine consensual relationships. It noted that families often oppose these relationships and, in several instances, file criminal cases against the adolescents.
Old age consent
For over 70 years, since the 1940s, the legal age of consent for girls in India has been 16 years. In 2012, when the government passed the POCSO Act, it raised the age of consent to 18 years for everyone. The new age of 18 follows the United Nations Convention on the Rights of the Child (UNCRC, 1990), which defines anyone under 18 as a child.
Any sexual activity with a person under 18 is considered "statutory rape", regardless of consent, according to the Criminal Law (Amendment) Act 2013.
Criminal cases against children
According to NGO Enfold India, about 24.3 per cent of all POCSO cases in Assam, Maharashtra and West Bengal were of teenagers involved in consensual romantic relationships, and 80.2 per cent of these cases were filed by the parents of girls, opposing their being together.
In such situations, the boy is often accused of statutory rape, even if the girl consented. The girl is automatically treated as a "victim" who cannot legally give consent.
