POCSO Act: Romeo–Juliet Clause Exception 2026 (UPSC)

In January 2026, the Supreme Court highlighted misuse of the POCSO Act and suggested a “Romeo–Juliet clause” to protect consensual teenage relationships.

• Relevant for UPSC Prelims
• Important for GS Paper II (Polity & Governance)
• Useful for GS Paper III (Social Issues & Development)
• Valuable for Essay Papers

The Protection of Children from Sexual Offences (POCSO) Act, 2012, is India's comprehensive legislation designed to protect children below 18 years of age from sexual assault, sexual harassment, and pornography.

• Enacted in June 2012 and came into force in November 2012.
• The law is gender-neutral, meaning both boys and girls are protected equally.
• A child's consent is irrelevant under this law; the law assumes children cannot give meaningful consent.
• The Act applies to both offenders who are adults and minors who commit sexual crimes.
• Draws from the UN Convention on the Rights of the Child (UNCRC) and UN Guidelines on Justice for Child Victims.

Also read: Article 15 of the Indian Constitution [UPSC Polity Notes]

The Protection of Children from Sexual Offences (POCSO) Act was enacted to provide a strong legal framework to safeguard children from sexual abuse and exploitation, while ensuring their safety, dignity, and well-being. Key objectives include:

• Safeguard children from all forms of sexual exploitation and abuse.
• Ensure child-friendly investigation and trial procedures.
• Maintain confidentiality and protect the child's identity.
• Provide speedy justice to prevent prolonged trauma.
• Ensure victim care and rehabilitation during court proceedings.
• Establish institutional accountability through mandatory reporting.
• Provide gender-neutral protection to all children.
• Prevent secondary victimisation through sensitive handling.

Also read: Separation of Powers in India [UPSC Notes]

The Act categorises offences into specific, clearly defined sections, enabling courts to apply proportionate punishments while maintaining flexibility based on circumstances.

• Penetrative Sexual Assault (Section 3-4): Any penetrative sexual contact, including insertion of penis or any object into the vagina, anus, or mouth of a child.
• Aggravated Penetrative Sexual Assault (Section 5-6): Assault by persons in positions of trust (police, teachers, parents), or causing injuries, pregnancy, or death.
• Sexual Assault (Section 7-8): Non-penetrative sexual contact with sexual intent, including touching of breasts, genitals, or forcing the child to touch the offender.
• Aggravated Sexual Assault (Section 9): Sexual assault under aggravating circumstances, including by relatives, during natural calamities, or involving the administration of hormones to induce early maturity.
• Use of Child for Pornography (Section 13-14): Making, distributing, or possessing child pornography, including digitally created images.
• Sexual Harassment of Child (Section 11-12): Exposing genitals, making sexual remarks, or stalking with sexual intent.

Also read: Indian Judiciary UPSC Notes: History, Structure of Courts and Functions

The 2019 Amendment Act significantly strengthened penalties to deter offenders. Punishments are graduated based on the nature and severity of the offence.

• Penetrative Sexual Assault on a Child Below 16: Minimum 20 years imprisonment, extendable to life imprisonment plus fine.
• Penetrative Sexual Assault on a Child Above 16: Minimum 10 years, extendable to life imprisonment plus fine.
• Aggravated Penetrative Sexual Assault: Minimum 20 years, extendable to death penalty (for cases involving death, disability, or assault during a natural calamity).
• Sexual Assault: Minimum 3 years, extendable to 5 years, plus a fine.
• Aggravated Sexual Assault: Minimum 5 years, extendable to 7 years plus fine.
• Child Pornography Production/Distribution: Minimum 5 years for first conviction; minimum 7 years for subsequent convictions plus fine.
• Possession of Child Pornography: Up to 3 years imprisonment and a fine of up to ₹5,000 (enhanced from ₹1,000).

Also read: What is the Rule of Law? UPSC Notes for Polity

India has implemented multiple schemes and institutional mechanisms beyond POCSO to create a comprehensive child protection ecosystem.

• Bal Vivah Mukt Bharat (Child Marriage-Free India): Launched November 2024, this high-intensity campaign aims to eliminate child marriage by 2030, with 100-day intensive drives commenced December 4, 2025.
• Integrated Child Protection Scheme (ICPS): A centrally sponsored umbrella scheme under the Ministry of Women and Child Development, providing institutional and non-institutional care for vulnerable children
• Mission Vatsalya: Consolidates multiple child welfare schemes under one framework for holistic protection.
• Beti Bachao Beti Padhao (BBBP): Launched in 2015 to address the declining child sex ratio and promote girl child education.
• National Commission for Protection of Child Rights (NCPCR): Statutory body established in 2007 to examine, review, and recommend safeguards for child rights.

Success Story: 

Balod district in Chhattisgarh achieved historic status as India's first child-marriage-free district, with zero cases for two consecutive years.

Also read: Basic Structure Doctrine UPSC Notes: Meaning, Significance & Key Cases

A Romeo-Juliet clause is a proposed legal provision that would protect consensual relationships between adolescents close in age from being treated as criminal offences under the POCSO Act.

It aims to distinguish predatory sexual abuse from non‑exploitative teenage relationships.

In State of Uttar Pradesh v. Anurudh (2026), a Supreme Court bench of Justices Sanjay Karol and N. Kotiswar Singh urged the Union Government to consider adding a Romeo–Juliet clause to POCSO.

The Court noted that POCSO is often used against consensual adolescent couples, especially when parents disapprove of inter‑caste or inter‑faith relationships, calling this a misuse that “hollows out” the law’s purpose.

Despite its strong legal framework, the Act faces significant implementation challenges that undermine its effectiveness.

• Age Determination Crisis: No uniform medical standards; mechanical medical reports without scientific reasoning; inconsistencies between school records and medical examinations.
• Case Pendency and Delays: Average case duration of 510 days against the mandated 365-day timeline; 46% of pending cases exceed two years.
• Declining Conviction Rates: While disposal reached 109% in 2025, conviction rates have fallen; 2022 data shows a ~9% conviction rate despite 56,212 registered cases.
• Infrastructure Gaps: Shortage of child-friendly courtrooms, limited forensic facilities, and inadequate support services for survivors.
• Police Resource Constraints: Female police representation is at only 10%, insufficiently trained prosecutors specialising in POCSO.

Also read: President of India UPSC Notes: Elections, Veto Power & Impeachment Process

While the Act is intended to protect children, its implementation has generated significant criticism regarding misuse and judicial application.

• Romeo-Juliet Issue: Consensual teenage relationships are being criminalised, creating wrongful imprisonments.
• Mechanical Application: Courts apply the law rigidly without considering context or the victim's best interest.
• Misuse in Family Disputes: The law is sometimes weaponised by families against socially disapproved but consensual relationships.
• Arbitrary Death Penalty: The "rarest of rare" criterion for capital punishment lacks clarity, leading to inconsistent judgments.
• Communal Politicisation: Sexual assault cases sometimes become communal battlegrounds (Kathua, Unnao cases).
• Victim Protection Gaps: Child-friendly procedures are inadequately implemented despite legal requirements.
• Settlement Pressure: Family members often convince victims to withdraw cases to save the accused from the death penalty.

To strengthen child protection while addressing systemic failures, a comprehensive reform agenda is essential.

• Romeo-Juliet Clause: Introduce narrow exemptions for consensual, close-in-age adolescent relationships with strict safeguards.
• Specialised Courts: Establish exclusive POCSO courts in every district with dedicated judges and prosecutors.
• Capacity Building: Mandatory sensitivity training for police, prosecutors, judges, and forensic experts.
• Digital Infrastructure: Expand the Baal Swaraj portal for real-time case monitoring and victim support tracking.

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