Supreme Court Urges Union To Bring 'Romeo-Juliet' Clause In POCSO Act To Shield Consensual Adolescent Relationships From Prosecution

Supreme Court Urges Union To Bring 'Romeo-Juliet' Clause In POCSO Act To Shield Consensual Adolescent Relationships From Prosecution

In a significant development, the Supreme Court has suggested that the Union Government consider introducing a “Romeo-Juliet” clause in the POCSO Act to exempt adolescents who engage in consensual relationships from criminal prosecution, despite being below the age of consent (18 years) and having only a minor age difference. “Considering the fact that repeated judicial notice has been taken of the misuse of these laws, let a copy of this judgment be circulated to the Secretary, Law, Government of India, to consider initiation of steps as may be possible to curb this menace inter alia, the introduction of a Romeo – Juliet clause exempting genuine adolescent relationships from the stronghold of this law; enacting a mechanism enabling the prosecution of those persons who, by the use of these laws seeks to settle scores etc.”, ordered a bench of Justices Sanjay Karol and N Kotiswar Singh, as a post-script in a judgment delivered in a matter arising out of a Allahabad High Court's decision, which while granting bail to the juvenile had issued sweeping directions to the investigative agencies to conduct medical tests, such as ossification tests, at the very outset of investigation to determine the age of victims.