SC Suggests 'Romeo-Juliet' Clause for POCSO, Citing Misuse | Quick Digest
The Supreme Court of India has urged the Union Government to consider introducing a 'Romeo-Juliet clause' in the POCSO Act. This aims to protect consensual adolescent relationships from prosecution, acknowledging concerns over the law's misuse. The Court made these observations while setting aside an Allahabad High Court order.
Supreme Court suggests 'Romeo-Juliet clause' in POCSO Act.
Aims to shield genuine consensual adolescent relationships.
Addresses concerns about POCSO Act misuse in such cases.
Court also struck down mandatory medical age determination.
Observation made in a judgment setting aside Allahabad High Court order.
Urges Union to consider legislative steps to curb misuse.
The Supreme Court of India has made a significant observation, urging the Union Government to consider incorporating a 'Romeo-Juliet clause' into the Protection of Children from Sexual Offences (POCSO) Act. This suggestion, made by a bench of Justices Sanjay Karol and N Kotiswar Singh, aims to protect adolescents engaged in genuine consensual relationships from criminal prosecution, particularly when there is a minor age difference and the relationship is not exploitative.
The Court noted that judicial notice has been repeatedly taken of the misuse of the POCSO Act, where it is invoked to settle personal scores or in cases involving consensual teenage relationships, leading to harsh consequences for young individuals. The proposed 'Romeo-Juliet clause,' recognized in several other jurisdictions, provides an exception to statutory rape laws for consensual relationships with minimal age disparity, differentiating them from exploitative conduct.
These observations were part of a judgment that primarily addressed and set aside a series of sweeping directions issued by the Allahabad High Court. The High Court had mandated medical age determination tests for victims at the outset of investigations and at the bail stage in all POCSO cases, and allowed bail courts to reject school or birth records if found doubtful. The Supreme Court clarified that such directions exceeded the High Court's jurisdiction under Section 439 of the Code of Criminal Procedure, stating that age determination is a matter for trial, not a bail court's "mini-trial." The Apex Court emphasized that while POCSO is a crucial law for child protection, ethical restraint and legislative reform are necessary to prevent its misuse and ensure justice for all parties involved.
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