Adolescents should be free to have romantic relationships without fear of law: Delhi High Court

The Delhi High Court recently observed that adolescents should have the freedom to engage in romantic, consensual relationships without the fear of statutory rape laws that criminalise such relationships if any person in the relationship is even slightly under 18 years of age (age of consent). .A Bench of Justice Jasmeet Singh took critical note that even consensual sexual relationships between adolescents in their late teen years are criminalised under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act).The judge opined that the law should evolve to acknowledge adolescent love. "I believe that societal and legal views on adolescent love should emphasize the rights of young individuals to engage in romantic relationships that are free from exploitation and abuse. Love is a fundamental human experience, and adolescents have the right to form emotional connections. The law should evolve to acknowledge and respect these relationships, as long as they are consensual and free from coercion," he observed. .Love is a fundamental human experience, adolescents have the right to form emotional connections. Law should respect these relationships, as long as they are consensual.Delhi High Court.The Court added that while the legal age of consent is crucial for protecting minors, the law should focus more on preventing exploitation and abuse rather than criminalizing consensual relationships."The legal system must safeguard young individuals' right to love while ensuring their safety and well-being. A compassionate approach that prioritizes understanding over punishment is necessary in cases involving adolescent relationships," the Court said. .Notably, several other High Courts have also expressed similar views in recent times. In October 2023, the Calcutta High Court voiced concerns that the POCSO Act unjustly conflated consensual acts among adolescents with sexual abuse. It called for a legal amendment to decriminalise consensual sexual acts involving adolescents above 16 years. Similar views were expressed by the Madras High Court in 2021.In February 2024, the Karnataka High Court too opined that the POCSO Act was not meant to criminalise consensual sexual relationships between adolescents but to protect them from sexual abuse.In March 2024, the Andhra Pradesh High Court granted bail to a 21-year-old booked in a POCSO case while observing that courts cannot control adolescent love. In July 2024, the Allahabad High Court flagged concern that the POCSO Act was being misused against teenagers in consensual romantic relationships..The Delhi High Court weighed in on this issue while dealing with a case involving a Class 12 girl student who was reported as missing in December 2014 by her father, after she left for tuition classes and did not return home.She was later found in the company of a boy (accused) who was over 18 years old, and who was arrested and charged with offences under the POCSO Act.A trial court acquitted the accused of all charges, prompting the State to file an appeal before the High Court.The High Court dismissed the State's appeal on January 30, 2025, after noting that the girl had clearly stated in her testimony that her relationship with the accused was consensual.The Court also noted that there were certain discrepancies in the claims made about the girl's exact age, although it was 16-17 years old at the time of the incident. .The Court opined that it would be harsh and unjust to convict the accused under the POCSO Act without definitive proof of the girl's age, particularly when the girl was only about two years away from attaining the age of majority (18 years) at the time of the incident. However, it clarified that this principle would not apply if there are credible documents to establish that the victim in a POCSO case is under 14 or 15 years old. In such cases, ignoring the provisions of the POCSO Act would amount to a miscarriage of justice, the Court said. The Court proceeded to uphold the trial court's decision to acquit the accused and dismissed the State's appeal. .Additional Public Prosecutor Yudhvir Singh Chauhan appeared for the State.Advocates Vinay Kumar Sharma, Prince, Aaditya and Ritu Kumari appeared for the accused..[Read Order]