The Romeo-Juliet clause under POSCO Act was first introduced in the United States in 2012, this clause was introduced keeping in mind the unfair criminalisation of Statutory rape, even though both the teenagers were in consensual relationships. Discussion about this clause has started in India as well, Supreme Court has suggested to the Union government to consider the introduction of this clause in the Protection of Children from Sexual Offences (POCSO) Act, so that consensual relationships between adolescents aren’t criminalised. This observation was made by a bench composed of justice Sanjay Karol and justice NK Singh, they made this observation during a hearing related to a bail plea under the POCSO Act.
What is the Romeo-Juliet clause?
The name Romeo-Juliet is taken from Shakespeare’s iconic Romeo and Juliet. This clause came into existence for the protection of consensual sex between two teenagers, who are the same or close age group. The main purpose for brining this clause was to stop the misuse of POSCO, in many cases it was observed that even though the relationship between the two teenagers was consensual, post breakup, one was falsely framed for rape.
This clause has many criteria, one of them being the age factor of the teenagers, if the the age gap between the two teenagers is between 2-5 years, then they won’t be prosecuted. While observing a case, SC judges bench said that while the child protection from sexual abuse is must, there need to be some laws to protect if teenagers are in consensual relationships. The bench also stated an example where families oppose relationships, and falsely frame adolescents.
The current Criminal Law (Amendment) Act 2013 considers any sexual activity with a teenager below the age of 18 as considered ‘statutory rape’. The age of consent was made 18 years in 2012 following the United Nations Convention on the Rights of the Child (UNCRC, 1990).
As per the data of Enfold India Ngo, almost 24.3 per cent of POCSO cases are from Assam, Maharashtra and West Bengal, and in most cases the teenagers are involved in consensual romantic relationships. The study also suggested that almost 80.2 per cent of the cases are filed by teenager’s parents of girls and the teenaged boy is accused of statutory rape.
