Are consensual relationships at a young age a crime? Rajasthan HC weighs in.
Synopsis
Key Takeaways
Jaipur, Feb 3 (NationPress) In a landmark ruling, the Rajasthan High Court declared that consensual relationships among teenagers and young adults should not be classified as criminal activities, cautioning against the potential exploitation of the Protection of Children from Sexual Offences (POCSO) Act.
The court remarked that the indiscriminate enforcement of this law jeopardizes the futures of young individuals and undermines the very objectives for which the POCSO Act was established.
Justice Anil Kumar Upman, presiding over a single bench, urged the central government and legislators to contemplate the introduction of a “Romeo-Juliet clause” or “Close-in-Age Exception” in the POCSO Act.
This provision, according to the court, would empower judges to take a measured and contextual approach in cases involving consensual relationships between individuals aged 16 and 18 years.
The High Court found that a significant number of POCSO cases registered throughout India involve consensual relationships among teenagers or young adults, which, due to familial pressure, societal disapproval, or relationship breakdowns, are subsequently escalated into serious criminal accusations.
The court warned that the mechanical and indiscriminate application of a stringent law such as POCSO contradicts the fundamental tenets of justice. It asserted that the Act was designed to protect children from sexual exploitation and abuse—not to criminalize consensual relationships among adolescents.
Regarding the so-called “Romeo-Juliet” cases, the court emphasized that criminal law should not serve as a mechanism for resolving personal or societal conflicts. Labeling young people in consensual relationships as criminals results in irreparable harm to their education, careers, and social lives, the bench stated.
This case arose in Jaipur Rural, where, in 2025, an FIR was filed against a 19-year-old man under POCSO and other provisions for allegedly enticing and sexually exploiting a 17-year-old girl. After the police submitted a charge sheet and the special POCSO court outlined charges, the accused approached the Rajasthan High Court for relief.
In deliberating the issue, the High Court voiced broader concerns about the necessity for legal reforms, aligning with previous observations made by the Supreme Court regarding the misuse of POCSO in consensual cases. The remarks from the Rajasthan High Court have reignited a national discourse on how to balance child protection laws with the realities of adolescent relationships.
Legal experts suggest that the introduction of a Close-in-Age Exception could assist courts in preventing injustice while still ensuring that genuine cases of abuse are met with strict action.
This judgment is anticipated to shape future discussions on POCSO amendments and judicial interpretations nationwide.