Supreme Court Pushes for ‘Romeo-Juliet Clause’ in POCSO: Ending the Criminalization of Teen Romance

By Adv. Mamta Shukla, Supreme Court of India & Certified POSH Trainer

The Supreme Court of India has made a bold call: introduce a “Romeo-Juliet clause” in the POCSO Act, 2012 to protect consensual relationships between close-in-age adolescents from being treated as child sexual abuse. Families often misuse POCSO against young couples, and the Court wants the Centre to fix this through targeted reform.

This ruling clarifies bail procedures while spotlighting a deeper issue—balancing child protection with adolescent autonomy.

The Case That Sparked the Debate

A Bench of Justices Sanjay Karol and N. Kotiswar Singh reviewed an Allahabad High Court order mandating medical age tests in all POCSO cases at the investigation stage. The Supreme Court struck this down, ruling that bail courts under Section 439 CrPC cannot rewrite statutory procedures like those in Section 94 of the Juvenile Justice Act, 2015.

Age determination follows a document-first hierarchy, not blanket medical probes turning bail hearings into mini-trials. Yet, the Court used the opportunity to address POCSO misuse in teen relationships, directing the Law Secretary to consider a Romeo-Juliet exemption.

What’s a Romeo-Juliet Clause?

This provision—common globally—keeps the age of consent at 18 but exempts consensual acts between peers close in age, like 16-19-year-olds. Key features include:

Minimum age of 16 for both.
Age gap under 3-5 years.
No coercion, grooming, or authority figures (e.g., teachers).

It targets genuine teen romance, not exploitation, distinguishing it from lowering the consent age outright.

POCSO’s Current Stance on Minors

POCSO defines a child as under 18; any sexual act is an offence regardless of consent. Post-2013 amendments aligned IPC rape laws (now Bharatiya Nyaya Sanhita) with this, making teen relationships prosecutable if parents complain—often in inter-caste or elopement cases.

Parliament has rejected consent recognition to prioritise protection, but courts see the fallout: boys face harsh sentences, trials drag, and “victims” often affirm consent in court.

Evidence of Misuse

Studies (e.g., Karnataka data): Up to 50% of POCSO cases involve consensual adolescent relationships.
NCRB trends: Low convictions (11-12%), high acquittals where “victims” turn hostile, confirming mutual consent.
Judicial notes: Families weaponise POCSO for social control, creating a “grim chasm” where privileged misuse laws while true victims suffer in silence.

Why This Reform Matters

A clause would:

Free courts from frivolous cases.
Protect young lives from stigma.
Refocus POCSO on real abuse.

Opponents fear disguised exploitation, but safeguards like age gaps and judicial scrutiny address this. As a POSH trainer, I see parallels: laws must deter harassment without overreach.

Road Ahead

The Court’s directive gives momentum. Parliament must weigh reform to align law with biology, rights, and reality—shielding children without shaming youth.

Sources

LiveLaw: Supreme Court Urges Romeo-Juliet Clause (Jan 10, 2026)
Indian Express: Exempt Genuine Adolescent Relationships (Jan 10, 2026)
SCC Online: Bring Romeo-Juliet Clause in POCSO (Jan 11, 2026)
Bar & Bench: Supreme Court Bats for Clause (Jan 9, 2026)
The Week: SC Asks Centre for Clause (Jan 9, 2026)
The Print: POCSO vs Teen Romance Data (Aug 5, 2025)

About the Author

✍️ Adv. Mamta Singh Shukla
Advocate, Supreme Court of India | PoSH Trainer
Originally published by Vijay Foundation. For more articles, visit vijayfoundations.com.

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