Supreme Court Questions Misuse of POCSO in Consensual Teen Relationships, Seeks Practical Solutions
The Supreme Court has once again expressed concern over the growing use of the Protection of Children from Sexual Offences (POCSO) Act, 2012 in cases involving consensual relationships between adolescents, observing that the law, enacted to protect children from sexual exploitation, is increasingly being invoked in situations where teenagers voluntarily enter into romantic relationships. The Court questioned how the State could realistically prevent consensual elopements between teenagers and whether every such case should inevitably attract the stringent provisions of the POCSO Act.
A Bench of Justices B.V. Nagarathna and R. Mahadevan made the observations while hearing the suo motu proceedings concerning the right to privacy of adolescents. Referring to the realities of adolescence, the Bench remarked that the 15–18 age group is often a period of emotional development and experimentation, and noted that parents frequently initiate criminal proceedings after their children elope or enter into consensual relationships, often citing concerns over family honour. The Court observed that such cases require a nuanced approach rather than automatic criminal prosecution.
The judges emphasised that the objective of the POCSO Act is to safeguard children from sexual abuse, exploitation and predatory conduct, not necessarily to criminalise every consensual adolescent relationship. They questioned whether consensual relationships between teenagers should invariably be treated as offences under the Act, highlighting the need to distinguish genuine cases of abuse from romantic relationships involving minors who are close in age.
The Court’s observations form part of a broader judicial debate that has gained momentum in recent months. Earlier, the Supreme Court had suggested that Parliament may consider introducing a “Romeo and Juliet” clause—an exception recognised in several jurisdictions that excludes consensual relationships between adolescents of similar ages from the ambit of severe criminal penalties. While the Union Government has opposed lowering the age of consent or creating statutory exemptions, the Court has continued to examine whether the existing legal framework sufficiently balances child protection with the realities of adolescent relationships.
During the hearing, the Bench also underscored that any reform must continue to prioritise the protection of children from exploitation and coercion. It clarified that its observations should not be interpreted as diluting the safeguards provided under the POCSO Act against sexual offences committed by adults or in exploitative circumstances. Instead, the Court indicated that the challenge lies in ensuring that the law is not applied in a manner that unintentionally criminalises consensual conduct between teenagers while preserving its robust protection against child sexual abuse.
The proceedings remain pending before the Supreme Court, and no final determination has yet been made on whether legislative or judicial intervention is required. Nevertheless, the Court’s latest observations add to the ongoing national discussion on whether the implementation of the POCSO Act requires calibrated reforms to distinguish consensual adolescent relationships from cases involving abuse, coercion or exploitation, while maintaining the statute’s fundamental objective of protecting children.
