Why SC wants govt to consider a ‘Romeo-Juliet’ exception for POCSO Act, Pg19

Key Highlights:

• The Supreme Court has urged the Union Law Secretary to consider curbing the misuse of the POCSO Act, 2012.
• A bench recommended a "Romeo-Juliet clause" to exempt genuine adolescent relationships from punishment under the Act on January 9.
• The proposed clause would protect consensual sexual activity among teens close in age from prosecution for statutory rape.
• Senior Advocate Indira Jaising has advocated for reading down the age of consent or introducing exceptions via a PIL in the Supreme Court.
• The Union government opposes any reduction in the age of consent, citing the need for a "protective shield" for children.
• Data suggests that nearly 25% of POCSO cases between 2016 and 2020 in certain states were "romantic" in nature.

Detailed Insights:

• The POCSO Act defines a child as anyone under 18 and does not recognize a minor’s consent to sexual acts, leading to the criminalization of consensual relationships.
• The Supreme Court acknowledged the misuse of POCSO, noting it is often used by families to oppose relationships between young people.
• Indira Jaising argues that blanket criminalization violates adolescents' fundamental rights under Articles 14, 15, 19, and 21 of the Constitution.
• Jaising proposed a "close-in-age" exception to prevent the incarceration of young boys under POCSO for consensual relationships.
• The government argues that minors lack the legal capacity to give meaningful consent and that exceptions could create loopholes for child abuse and trafficking.
• Empirical data indicates that families often misuse the Act to regulate their daughters' autonomy, especially in inter-caste or inter-religious relationships.
• The criminalization of adolescent sexuality has health implications, deterring adolescents from seeking essential sexual and reproductive health services due to mandatory reporting provisions.
• The Supreme Court has signaled that the criminalization of adolescent sexuality requires a structural solution, not just judicial discretion.

Key Concepts Involved:

• POCSO Act, 2012: An Act to protect children from sexual abuse, exploitation and offences.
• Age of Consent: The minimum age at which an individual is legally considered old enough to consent to sexual activity.
• Statutory Rape: Sexual activity with a person under the legal age of consent.