Introduction
When a law is weaponised for personal vendetta, justice becomes diluted. The Protection of Children from Sexual Offences Act, 2012 (POCSO), has criminalized all sexual activities involving persons below eighteen years of age, irrespective of consent, including consensual adolescent relationships.
The statute has increasingly become a tool of weaponisation and is frequently misused. According to NGO Enfold India (2024), of the total 7,064 POCSO judgments registered between 2016 and 2020 from the states of Assam, Maharashtra, and West Bengal, 1,715 cases (24.3%) involved consensual relationships.
To tackle this issue, the Supreme Court proposed to the Union Government to allow an exception called “Romeo–Juliet” clause, which decriminalizes consensual relationships with age gap of maximum 3 years.
What Is the Romeo–Juliet Clause?
The clause is derived from Shakespeare’s famous play, Romeo and Juliet which narrates the story of two teen lovers falling in love, but the rivalry between their families keeps them from being with each other. This clause ensures that consensual relationships do not result in sexual assault arrests.
It aims to protect consensual adolescent relationships with a maximum age gap of 3 years. It reflects the idea that young people close in age shouldn’t face criminal liability.
In India, age of consent for girls was sixteen years which was later increased to eighteen by the POCSO act. It was changed to align with the United Nations Convention on the Rights of the Child, which defines anyone under 18 as a child.
Evidence From POCSO Cases in Select States
The survey of NGO Enfold India (2024) further revealed that:
Who Files POCSO Cases in “Romantic” Relationships?
As stated by the report,
| Informant | Percentage of Cases |
|---|---|
| Parents | 8% |
| Girls | 3% |
The data reveals that criminal proceedings are often initiated by parents due to their disapproval of the relationship rather than abuse.
Age Profile of Girls Involved
| Age Group | Percentage |
|---|---|
| 16–18 years | 6% |
| Below 14 years | 9% |
Highlighting that, POCSO is frequently used in older adolescents engaged in consensual relationships.
Acquittal Rate in Consensual Cases
| Outcome | Percentage |
|---|---|
| Acquittal | 8% |
| Conviction | 2% |
These statistics shows inefficient use of judicial resources and systemic failure causing emotional trauma to people involved in consensual relations.
Problems With the Current Framework and Need of Romeo Juliet Exception
The current framework penalises even consensual relationships involving an age gap of as little as one year, thereby widening the scope of criminalisation. The mass registration of cases is often triggered by parental disapproval which places an excessive burden on courts, while a substantial proportion of such prosecutions ultimately result in acquittals.
Introducing Romeo Juliet will protect consensual adolescent relationships instead of punishing them. The reform will further reduce the number of POCSO cases and assist courts in concentrating on offences involving genuine exploitation and abuse.
Comparative Perspective
Canada: Close in Age Exceptions
A 14 or 15 year old can consent to sexual activity as long as the partner is less than five years older and there is no relationship of trust, authority or dependency or any other exploitation of the young person.
There is also a “close in age” exception for 12 and 13 year olds. A 12 or 13 year old can consent to sexual activity with a partner as long as the partner is less than two years older and there is no relationship of trust, authority, or dependency or any other exploitation of the young person.
| Age of Minor | Maximum Age Gap | Conditions |
|---|---|---|
| 14–15 years | Less than 5 years | No relationship of trust, authority, dependency, or exploitation |
| 12–13 years | Less than 2 years | No relationship of trust, authority, dependency, or exploitation |
USA: Romeo and Juliet Law
Overall 26 states have Romeo and Juliet law including, Alabama, Alaska, Arizona, Connecticut, etc. In Texas, the age of consent is seventeen years old. However, as Texas follows Romeo and Juliet law, no criminal penalties are imposed if certain conditions are met:
- They are no more than three years older than their sexual partner
- Their sexual partner was at least 14 years old
- Their sexual relationship was consensual between both persons
- They were not already a registered sex offender at the time of the sexual relationship
It aims to protect children from being punished for consensual sexual activity, while protecting them from being exploited and abused by clarifying that if maximum gap is surpassed, it will fall under sexual assault provisions.
Limitation of Romeo–Juliet Clause
While the Romeo-Juliet clause offers pragmatic solution to the over-criminalisation of consensual adolescent relationships. It can be potentially misused by the accused. The accused may falsely claim that the relationship was consensual to escape liability.
Conclusion
The introduction of Romeo-Juliet clause, which decriminalizes consensual adolescent relationships with maximum age gap of three years can potentially tackle misuse of POCSO Act for personal revenge and enable courts to focus on offences which are truly exploitative in nature. It would mark a necessary shift from punishing adolescents for consensual intimacy to safeguarding them from disproportionate criminalisation and long-term psychological trauma. References:
- https://enfoldindia.org/wp-content/uploads/2025/01/Romantic-cases-under-the-POCSO-Act.pdf
- https://www.ndtv.com/india-news/what-is-romeo-juliet-clause-the-supreme-court-wants-under-pocso-act-10709061
