Romeo–Juliet Exception in POCSO పోక్సో చట్టం అంటే? మైనర్ రక్షణ UPSC

The Supreme Court of India has urged the Union Government of India to examine growing misuse of the POCSO Act, 2012, especially in cases involving consensual adolescent relationships.

While reaffirming that POCSO is a “solemn articulation of justice”, the Court warned that strict liability and zero-tolerance criminalisation may be creating a grim societal chasm, where families invoke criminal law to police teenage relationships.

🔍 Key Issues Explained:

What is the Romeo–Juliet (close-in-age) exception?

Why is consent legally irrelevant under POCSO?

How does strict liability lead to over-criminalisation?

What is adolescent autonomy and the doctrine of evolving capacity?

Why uniform criminalisation raises Articles 14, 15, 19 & 21 concerns

⚖️ Judicial vs Legislative Debate:

Courts favour proportionality and contextual justice

Government stresses absolute protection & zero dilution

Can judicial discretion alone fix structural misuse?

📘 Expert & Institutional Inputs:

Arguments by Senior Advocate Indira Jaising (Amicus Curiae)

Law Commission of India (2023): differential treatment for 16–18 age group

Empirical data from UNICEF & Enfold Proactive Health Trust showing ~25% consensual cases in some states

🧠 Why This Matters for UPSC:

GS-II: Constitution, Judiciary, Child Rights

GS-IV: Ethics of protection vs autonomy

Essay: Welfare laws and unintended consequences

📌 Conclusion:
A child-centric law must protect without criminalising consent-based adolescence. The debate has shifted from morality to constitutional proportionality — demanding a carefully calibrated legislative response.

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