Government Firmly Rejects Supreme Court's Proposal for Romeo-Juliet Clause in POCSO Act
In a decisive response to a question raised in the Lok Sabha on Friday, the Indian government has categorically rejected the Supreme Court's suggestion to introduce a "Romeo-Juliet" clause in the Protection of Children from Sexual Offences (POCSO) Act. The government emphasized that any dilution of the age of consent or introduction of exceptions would severely undermine child safety, increase the risk of exploitation, and weaken India's commitment to protecting children, particularly adolescent girls.
Minister's Written Reply Highlights Legal Consistency
Minister for Women and Child Development, Annpurna Devi, provided a detailed written reply addressing concerns raised by Lok Sabha MPs Subbarayan K and Selvaraj V from the CPI. The MPs had questioned whether the government had noted the Supreme Court's concerns about the repeated misuse of the POCSO Act. In January, a two-judge bench of the Supreme Court had urged the Centre to consider exempting "genuine adolescent relationships" from the harshest provisions of the law through a Romeo-Juliet clause.
Minister Devi stated unequivocally: "The legislative decision to retain the age of consent at 18 years is a conscious and considered policy determination." She explained that uniformity across laws in prescribing the age of consent as 18 years is intended to prevent manipulation, coercion, and exploitation of minors. This approach recognizes that children lack the legal and psychological capacity to provide meaningful and informed consent in matters involving sexual activity.
Legal Framework and Legislative Intent
The minister highlighted that the age of majority has been uniformly fixed at 18 years across various statutes to maintain consistency and coherence within India's legal framework. Key laws referenced include:
- Bharatiya Nyaya Sanhita, 2023
- POCSO Act, 2012
- Prohibition of Child Marriage Act, 2006
- Hindu Adoptions and Maintenance Act, 1956
- Juvenile Justice (Care and Protection of Children) Act, 2015
- Hindu Minority and Guardianship Act, 1956
The legislative intent underlying these enactments reflects the settled position that individuals below the age of 18 years are not deemed capable of providing informed consent or making decisions, the long-term implications of which they may not fully comprehend, the minister elaborated.
POCSO Act's Stance on Consent
It is crucial to note that the POCSO Act does not explicitly define the term 'consent'. Under the statutory framework, any sexual act involving a person below 18 years of age is treated as an offence, irrespective of whether consent was purportedly given. This strict provision is designed to create a robust protective barrier against child sexual abuse and exploitation.
The government's firm stance underscores its prioritization of child protection over potential modifications that could introduce legal ambiguities. By rejecting the Romeo-Juliet clause, the Centre reaffirms its dedication to safeguarding minors from sexual exploitation and maintaining a clear, unambiguous legal standard.
