Courts have held varying views while judging cases of consensual adolescent relationships. POCSO Act criminalising ‘normal behaviour’ in many cases, say stakeholders.
The Law Commission of India, back in 2023, had also suggested the introduction of “judicial discretion” while awarding sentence in cases of consensual romantic relationships involving adolescents between the ages of 16 and 18 years.
Several high courts have in the past asserted that the POCSO Act has not been enacted for consensual adolescent relationships and been proactive in quashing such cases.
For instance, back in 2021, the Madras High Court observed that the Act was never intended to cover cases where adolescents or teenagers are involved in romantic relationships, and suggested that the law be amended to exclude such cases. In 2023, it even directed the police to examine all pending cases involving minors, and asked them to check how many fell under the category of consensual relationship.
While under the POCSO Act a person below 18 years of age is termed a child, Raha asserts that developmentally, “adolescent” is a distinct category.
“Adolescence is a very distinct phase of life, and there is the entire argument that you are looking at something that is developmentally normal, and you are trying to criminalise that behaviour, thinking that it will be a deterrent when, in fact, sexual exploration is normal at that age,” she told ThePrint.