The Delhi High Court recently made a significant observation while handling a POCSO case, emphasising that adolescents should have the Right to Love without the fear of criminalisation. This ruling acknowledges the importance of respecting consensual relationships among young individuals while ensuring their safety.
Adolescents and Their Right to Love
Justice Jasmeet Singh affirmed that consensual and respectful adolescent love is a fundamental part of human development. He stated: “I believe that societal and legal perspectives on adolescent love should emphasise the rights of young individuals to engage in romantic relationships that are free from exploitation and abuse.”
The Court further asserted that love is a fundamental human experience and that young people must have the Right to Love within a framework that protects them from coercion and harm. “The law should evolve to acknowledge and respect these relationships, as long as they are consensual and free from coercion,” the Court added.
Balancing Legal Protection
While the legal age of consent plays a crucial role in protecting minors, the Court emphasised that laws should focus on preventing exploitation rather than criminalising love. Justice Singh advocated for a compassionate legal approach, ensuring that young individuals’ Right to Love is safeguarded without unnecessary legal repercussions. “The legal system must safeguard the rights of young individuals to love while ensuring their safety and well-being. A compassionate approach prioritising understanding over punishment is essential in cases involving adolescent love.”
Judicial View on Age and Consent
The Court also discussed the importance of clear evidence in determining the age of the prosecutrix in POCSO cases. It noted that convicting an individual under the POCSO Act without definitive proof of age would be unjust, particularly when the age difference between the minor and adulthood is marginal.
“However, if official documents like a school attendance register or a parent’s affidavit confirm that the victim is under 14 or 15 years old, then disregarding the POCSO Act would be a miscarriage of justice,” the Court clarified.
Upholding the Right to Love in Legal Judgments
Justice Singh upheld a trial court’s decision acquitting a man under Section 4 of the Protection of Children from Sexual Offences Act (POCSO), 2012. The prosecution’s appeal against this verdict was dismissed, as the prosecutrix had unequivocally stated that the relationship was consensual.
The Court further noted that during her testimony, she consistently confirmed that their physical relations were voluntary, reinforcing her Right to Love and make independent decisions about her relationships.
Legal Interpretation of the Age of Majority
While the POCSO Act aims to protect minors, the Court acknowledged the complexities in cases where a young individual is mature and certain about their romantic choices. The ruling highlighted:
“The age of majority must be interpreted within the context of the law being considered. In cases where the minor is confident in her choice, it would be unjust to disregard her views solely because she is not yet 18 years old.”
This case marks a crucial step towards evolving legal perspectives on adolescent relationships and ensuring the Right to Love is respected while protecting young individuals from exploitation. The Delhi High Court’s ruling calls for a balanced approach that upholds both legal safeguards and personal freedoms in romantic relationships.
