Supreme Court asks government to consider 'Romeo-Juliet clause' to shield teenage couples. Here's why

In a recent judgement, the Supreme Court said laws meant to safeguard children are being misused to reprimand consensual teenage relationships. The court asked the centre to look at introducing a ‘Romeo–Juliet’ clause. This move could help shield adolescent couples from severe criminal action.

The case becomes a huge matter of concern as many courts across the country have registered cases in which the girls' age has been wrongly presented as below 18. And this leads to the boy being severely punished under the provisions of the POCSO (Protection of Children from Sexual Offences) Act, as the girl is shown to be a minor. Such incidents take place even if the relationship is consensual between the teens.

The High Court had directed that in every POCSO case, police must conduct a medical test to determine the age of the victim at the very start of the investigation and that bail courts could examine and even reject school or birth records if they found them doubtful.

The court noted, “POCSO Act is one of the most solemn articulations of justice aimed at protecting the children of today and the leaders of tomorrow. Yet, when an instrument of such noble and one may even say basic good intent is misused, misapplied and used as a tool for exacting revenge, the notion of justice itself teeters on the edge of inversion.”

“Not only are instances rife where the age of the victim is misrepresented to make the incident fall under the stringent provisions of this law, but also there are numerous instances where this law is used by families in opposition to relationships between young people,” it added, as quoted by Bar and Bench.