COURTKUTCHEHRY SPECIAL ON SC ADVISE FOR POSCO ACT’s CHANGES TO PROTECT GENUINE RELATIONSHIP
Supreme Court Calls for ‘Romeo-Juliet Clause’ in POCSO Act to Protect Consensual Teen Relationships
Court Flags Misuse of POCSO Against Adolescents in Genuine Relationships
Proposed Clause Aims to Balance Child Protection with Fairness
By Our Legal Reporter
New Delhi: January 10, 2026:
In a landmark observation, the Supreme Court of India has asked the Union Government to consider amending the Protection of Children from Sexual Offences (POCSO) Act, 2012 by introducing a “Romeo-Juliet clause.” The clause would exempt consensual adolescent relationships from prosecution under the Act, which currently criminalizes all sexual activity involving individuals below 18 years of age, regardless of consent.
The Court’s remarks come amid growing judicial concern that the POCSO Act, while designed to protect children from abuse, is being misused to target teenagers in consensual relationships.
Background of the Case
- The POCSO Act sets the age of consent at 18 years, making any sexual activity involving minors a criminal offence.
- Courts across India have repeatedly noted that many cases under POCSO involve consensual relationships between adolescents, often reported by parents or guardians disapproving of such relationships.
- The Supreme Court bench of Justices Sanjay Karol and N. Kotiswar Singh observed that this misuse undermines the purpose of the law and unfairly criminalizes young people.
Court’s Observations
- Need for a Romeo-Juliet Clause: The Court suggested a legal exception for consensual relationships between adolescents close in age, like provisions in other jurisdictions.
- Misuse of POCSO: The Court noted that POCSO is often invoked to settle personal scores or punish teenagers for consensual acts.
- Balance of Protection and Fairness: While reaffirming the importance of protecting children from exploitation, the Court emphasized that genuine adolescent relationships should not be treated as criminal offences.
- Direction to Union Government: The Court directed that a copy of its judgment be sent to the Secretary, Law, Government of India for consideration of legislative changes.
Comparative Perspective
- United States: Several states have “Romeo-Juliet laws” that prevent prosecution of consensual relationships between minors close in age.
- United Kingdom: While the age of consent is 16, courts exercise discretion in cases involving teenagers.
- India: Currently, no such exception exists, making all sexual activity under 18 prosecutable, even if consensual.
Wider Judicial Trends
- Delhi High Court: Observed that many POCSO cases involve consensual adolescent relationships and called for legislative review.
- Madras High Court: Suggested lowering the age of consent or introducing exceptions to prevent misuse.
- Kerala High Court: Highlighted the need to distinguish between exploitation and consensual teenage relationships.
Impact of the Proposed Clause
- For adolescents: Protection from criminalization of consensual relationships.
- For families: Reduced misuse of law in cases of parental disapproval.
- For judiciary: Clearer guidelines to distinguish genuine relationships from exploitation.
- For society: A more balanced approach to child protection and adolescent rights.
Also Read: Gifting Mutual Fund Units: How Parents Can Build Wealth and Inheritance for Children in India
Expert Opinions
Legal experts and child rights activists have welcomed the Supreme Court’s suggestion. They argue that while child protection is paramount, criminalizing consensual teenage relationships can have long-term psychological and social consequences.
Conclusion
The Supreme Court’s call for a “Romeo-Juliet clause” in the POCSO Act marks a turning point in India’s approach to adolescent rights. By distinguishing consensual relationships from exploitation, the proposed amendment would ensure fairness while maintaining strong protections against abuse. The Union Government’s response will determine whether India joins other jurisdictions in adopting a more nuanced legal framework for adolescent relationships.
Suggested Keywords for SEO & Faster Searches
- Supreme Court Romeo-Juliet clause POCSO Act
- Consensual adolescent relationships India law
- POCSO misuse Supreme Court ruling
- Age of consent India Supreme Court
- Romeo-Juliet law India proposal
- Supreme Court adolescent rights judgment
- POCSO Act amendment Supreme Court suggestion
- Teen relationships legal protection India
- Supreme Court child protection vs fairness
- Romeo-Juliet clause India 2026