The Supreme Court has urged the Union government to consider a 'Romeo-Juliet' clause in the POCSO Act.
This clause aims to exempt genuine adolescent relationships from criminal prosecution.
The court observed that POCSO is being misused to settle scores, leading to young boys being jailed.
The judgment copy has been circulated to the Union Law Secretary to address the issue.
Detailed Insights:
The proposed 'Romeo-Juliet' clause would provide a legal exemption for consensual sexual activity among teenagers close in age, protecting them from statutory rape charges.
The court has repeatedly observed the misuse of the POCSO Act, where families object to romantic involvement and use the law for revenge.
The POCSO Act, intended for child protection, is being misapplied, raising concerns about justice being inverted.
Introducing such a clause requires careful consideration to balance protection of children and prevent misuse of the law.
Key Concepts Involved:
POCSO Act: Legislation to protect children from sexual offences.
Statutory Rape: Sexual activity with a minor, regardless of consent.
Consensual Relationship: A relationship where all parties willingly agree to participate.