Adolescents should not be criminalised under POCSO for consensual relationships: Delhi HC

New Delhi: The Delhi High Court has observed that adolescents should be allowed to engage in romantic and consensual relationships without the fear of criminalisation. The remarks were made by Justice Jasmeet Singh while dealing with a case under the Protection of Children from Sexual Offences (POCSO) Act, 2012.

Justice Singh emphasised that consensual and respectful adolescent relationships are a natural part of human development and should not be subjected to harsh legal consequences. “I believe that societal and legal views on adolescent love should emphasise the rights of young individuals to engage in romantic relationships that are free from exploitation and abuse,” he stated.

The court further highlighted that while the legal age of consent is crucial for safeguarding minors, the primary focus of the law should be on preventing exploitation rather than penalising consensual relationships. “Love is a fundamental human experience, and adolescents have the right to form emotional connections. The law should evolve to acknowledge and respect these relationships, as long as they are consensual and free from coercion,” the court added.

In its ruling, the court stressed the importance of adopting a compassionate approach in cases involving adolescent love. “The legal system must safeguard the rights of young individuals to love while ensuring their safety and well-being. A humane approach that prioritises understanding over punishment is essential in such cases,” Justice Singh remarked.

The court also noted that convicting an individual under the POCSO Act without definitive proof of the prosecutrix's age would be unjust, especially when the difference between her age and the legal age of majority is only one or two years. However, it clarified that this principle might not apply in cases where official records, such as a school attendance register or parental affidavit, establish that the victim is significantly younger.

Justice Singh upheld the trial court’s decision to acquit a man charged under Section 4 of the POCSO Act in February 2020. The prosecution’s appeal against the acquittal was dismissed after the Court found that the prosecutrix had consistently maintained that her relationship with the accused was consensual. The court also observed that there was no conclusive evidence proving she was a minor at the time of the incident.

“The POCSO Act was enacted to protect children from sexual exploitation. However, it does not differentiate between a girl under 18 who willingly chooses a partner and one who does not. As a result, any sexual act with a girl below 18 is considered an offence under the Act,” the court noted.

It further added that the legal age of majority must be interpreted contextually. “In cases where the minor is certain and unwavering in her opinion and desire, it would not be appropriate for this court to disregard her views solely because she is under 18. In this case, where she is 16 years, 10 months, and 21 days old, a rigid application of the law would not serve justice.”
(With LiveLaw inputs.)