The recommendation came while setting aside certain sweeping directions by the Allahabad High Court regarding the use of medical tests such as ossification tests to determine the age of alleged victims. The Supreme Court emphasised that Section 94 of the Juvenile Justice (Care and Protection of Children) Act, 2015, prescribes a proper procedure for age determination using matriculation certificates, birth certificates, and only then medical testing if required.
Misuse of POCSO Act and Need for Safeguards
The Court acknowledged that the POCSO Act, while crucial for protecting children from abuse, has been misapplied in cases involving consensual adolescent relationships. Such prosecutions can unnecessarily criminalise youth, causing serious personal and social consequences for both the accused and the victims.
“The purpose of a Romeo-Juliet clause is to distinguish consensual, age-appropriate relationships from exploitative conduct, thereby preventing severe legal repercussions for young individuals who are close in age,” the Court observed.
Judicial Directives and Legislative Considerations
The Court directed that a copy of its judgment be forwarded to the Secretary of the Ministry of Law and Justice, encouraging consideration of legislative amendments. Additionally, the Supreme Court recommended mechanisms to penalise misuse of POCSO provisions for personal vendettas or social coercion.
Background of the Case
The matter arose from the case titled The State of Uttar Pradesh versus Anurudh & Anr, in which the Allahabad High Court had granted bail to a juvenile but issued broad directions to investigative agencies for age determination. The Supreme Court intervened to ensure alignment with statutory procedures under the Juvenile Justice Act.
The bench’s observations represent a progressive judicial approach, balancing child protection with recognition of adolescent rights and consensual relationships.
Legal and Social Implications
If implemented, the Romeo-Juliet clause could prevent unnecessary criminalisation of adolescents in romantic relationships, while still safeguarding against abuse and exploitation. Experts have noted that similar provisions exist in jurisdictions worldwide to provide proportionality in the application of statutory rape laws.
The Supreme Court’s recommendation underscores the need for nuanced laws that protect minors without penalising consensual peer relationships, reflecting a youth-sensitive interpretation of existing legislation.
Legal experts suggest that the Union Government may now consider initiating legislative amendments to incorporate these safeguards, potentially reforming the POCSO Act to better balance protection with adolescent rights.
