Daijiworld Media Network – New Delhi

New Delhi, Jan 10: The Supreme Court on Friday recommended that the Centre consider introducing a “Romeo-Juliet” provision in the Protection of Children from Sexual Offences (POCSO) Act to prevent its misuse, particularly in cases involving consensual relationships among adolescents.

A bench comprising Justices Sanjay Karol and N. Kotiswar Singh observed that repeated judicial notice has been taken of the misuse of the law, often employed to settle personal scores. The court directed that a copy of the judgment be circulated to the Secretary, Law, Government of India, for consideration of steps to curb the problem, including the potential introduction of the Romeo-Juliet clause.

The bench was hearing an appeal by the Uttar Pradesh government challenging an Allahabad High Court order that granted bail to an accused in a sexual assault case involving a minor girl. The top court clarified that High Courts cannot mandate medical age determination of victims at the stage of bail, nor can they conduct “mini-trials” or issue investigative directions that contradict existing statutory provisions.

“It is unquestionable that the High Court is a constitutional court. However, in the instant case, the error of jurisdiction was in exercise of a statutory power and not under the Constitution,” the bench noted.

The suggestion is expected to spark discussions on balancing protection of minors with safeguarding genuine adolescent relationships from unwarranted criminal proceedings.