GUWAHATI: The Delhi High Court recently observed that adolescents should have the freedom to engage in consensual romantic relationships without the fear of being criminalised under statutory rape laws.
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A bench of Justice Jasmeet Singh noted that the law should evolve to acknowledge adolescent love. "Love is a fundamental human experience, and adolescents have the right to form emotional connections. The law should respect these relationships, as long as they are consensual and free from coercion," the judge stated.
The court also stated that the legal system should take a compassionate approach, prioritising understanding over punishment in cases involving adolescent relationships.
In its observation, however, the court highlighted that the Protection of Children from Sexual Offences (POCSO) Act, 2012, currently criminalises even consensual relationships if one partner is even slightly under 18 years of age.
The remarks came while hearing a case involving a Class 12 girl who was reported missing in December 2014 by her father. She was later found with a young man over 18 years old, who was subsequently arrested and charged under the POCSO Act. A trial court had acquitted him of all charges, prompting the State to appeal.
Dismissing the appeal on January 30, the Delhi High Court noted that the girl had testified that the relationship was consensual. It also pointed out discrepancies regarding her exact age, which was estimated to be between 16 and 17 years at the time of the incident.
The court finally ruled that convicting the accused under the POCSO Act without definitive proof of the girl’s age would be "harsh and unjust." However, it clarified that in cases where the victim is definitively under 14 or 15 years, ignoring POCSO provisions would amount to a miscarriage of justice.
