The Romeo and Juliet section seeks to decriminalize consensual teenage love relationships.
Romeo and Juliet Clause: The Supreme Court has directed the Central Government to make necessary amendments in the Protection of Children from Sexual Offenses Act, 2012 (POCSO Act) and make the Romeo-Juliet clause a part of it, so that misuse of this law can be prevented. Since this law is very strict, mischievous elements are taking advantage of it. Currently, under this law, any person under the age of 18 years is considered a child and his consent is not considered legally valid. If the Central Government makes amendments as per the instructions of the Supreme Court, then consensual love relationships between teenagers or youth will not be considered a serious crime.
Let us understand, in the name of the order of the Supreme Court, what is the concept of Romeo-Juliet clause? How will society benefit from it?
What is Romeo-Juliet section?
The Romeo-Juliet clause is basically a legal provision that attempts to keep consensual teenage love relationships out of the category of serious crime. Provided that the age difference between the two parties is not too much. There should be no coercion, exploitation, violence or fraud in the relationship. The relationship should be completely based on consent. Its name is taken from the famous literary characters Romeo and Juliet, who are considered a symbol of young love. This type of provision already exists in many countries so that underage love affairs are not considered tantamount to rape or serious sexual crimes.
Supreme Court
Where did the problem start in POCSO Act?
The objective of the POCSO Act is to protect children, but in practice, some of its provisions have created complex situations.
- Consent invalid under age of 18: According to the law, even if the girl or boy is 16–17 years of age and has entered into sexual intercourse voluntarily, it is not considered legal consent.
- Family complaints: In many cases, families angry over love affairs file a case under the POCSO Act, due to which the youth has to go to jail as a serious criminal.
- Misuse of law: Many such cases came before the courts where even consensual relationships were converted into cases of rape or sexual abuse.
Role and instructions of Supreme Court
During the hearing of various cases, the Supreme Court admitted that the POCSO Act is being used indiscriminately and mechanically. Consensual teenage love relationships are also being counted as serious crimes. This not only ruins the future of the youth, but also weakens the basic purpose of the law. In this context, the Supreme Court directed the Central Government to seriously consider including a provision like Romeo-Juliet clause in the POCSO Act, so that a clear distinction can be made between consensual underage relationships and actual sexual crimes.
Why is the Romeo-Juliet section needed?
- Acceptance of Social Reality: In today’s time, having a love affair during adolescence is a social reality. It is not considered practical for the law to completely turn a blind eye to this reality.
- Reducing the burden on the judicial system: Mutual consent cases increase unnecessary burden on the courts, which affects the trial of serious crimes.
- Security of the future of youth: It cannot be justified to make a youth a criminal for life because of a young love affair.
- Preventing misuse of law: Romeo-Juliet section can curb the vindictive misuse of law by family or society.
What could be the format of Romeo-Juliet segment?
Right now the Supreme Court has given instructions. It is the responsibility of the Parliament to give it a real shape. It is from the government. This is yet to be finally decided. This may also take time. But it is believed that if the government considers this issue and takes a positive decision then the age difference can be limited. This will be applicable only in cases with mutual consent. This will not apply if there is any kind of coercion, threat or exploitation against a minor. There will be no exemption for serious sexual crimes.
criticism and concern
While on one hand this section is being supported, on the other hand some concerns have also come to the fore. Some people believe that people who exploit this can also make an excuse for consent. Determining whether consent was genuine or under duress is not always easy. Girls in rural or weaker sections may be at risk of ignoring social pressure.
The Supreme Court and legal experts insist that the law should balance both security and sensitivity. Real sex offenders should be given strict punishment. But consensual teenage relationships should not be seen as a crime. The purpose of the Romeo-Juliet clause is not to weaken the law, but to make it more just, practical and humane.
The concept of Romeo-Juliet section is being seen as an important reform in the POCSO Act. This instruction of the Supreme Court is an indication that the law should evolve according to time, society and practical experiences. If this section is clear, limited and carefully enforced, it can maintain the real safety of children. Can save the future of youth from being unnecessarily ruined and make the justice system more balanced. The aim of this reform should be that the law should prevent crime, and not criminalize innocent relationships.
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