GS 2: Social JusticeGS 2: PolityPrelims

Consider Romeo-Juliet clause in POCSO: SC, Pg10

Supreme Court urges 'Romeo-Juliet' clause in POCSO Act to shield genuine adolescent relationships from misuse and prevent unjust prosecution.

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Key Highlights:

  • 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.
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