The Rajasthan High Court emphasized that consensual relationships among teenagers or young adults should not be criminalized under the Protection of Children from Sexual Offences (POCSO) Act. The court suggested the inclusion of a “Romeo-Juliet clause” or “Close-in-Age Exception” in the law to provide a balanced approach for cases involving individuals aged 16 to 18 years. It warned against the misuse of POCSO, stating that many cases involving consensual relationships are being wrongly converted into criminal complaints.
The court criticized the indiscriminate application of POCSO, highlighting that it is detrimental to the future of young individuals and contradicts the Act’s purpose of safeguarding children from sexual exploitation. It stressed that using stringent laws to penalize consensual adolescent relationships deviates from the principles of justice and can have severe consequences on the lives of the individuals involved.
Legal experts view the court’s judgment as a significant step towards addressing the misuse of POCSO in consensual cases. The call for a Close-in-Age Exception aims to ensure fairness in legal proceedings while maintaining the Act’s intent to combat genuine instances of abuse. The ruling is anticipated to spark discussions on potential amendments to POCSO and the interpretation of child protection laws nationwide.
