The Supreme Court has urged the Union government to consider introducing a “Romeo-Juliet” clause to protect consensual adolescent relationships from criminal action under the Protection of Children from Sexual Offences Act.
The court said on Friday that such a clause should exempt “genuine adolescent relationships from the stronghold of this law” and should put in place a mechanism enabling the prosecution “of those persons who, by the use of these laws, seeks to settle scores, etc”.
A “Romeo Juliet” clause is a legal exemption to statutory rape laws where the age difference between the persons involved is low and the relationship is consensual.
A bench of Justices Sanjay Karol and NK Singh made these observations while setting aside a set of directions issued by the Allahabad High Court in a bail case under the POCSO Act.
The High Court had directed that in cases under the Act, the police must conduct medical tests to determine the age of the victim at the very start of the investigation. Bail courts should assess these medical reports, and determine the credibility of age-related documents such as school or birth certificates, the High Court had said.
The Supreme Court, however, said that the High Court exceeded its jurisdiction by passing such orders in response to…
Source: Consider enacting clause shielding consensual teen relationships from POCSO Act, SC tells Centre
