SC expressed concern over misuse of POCSO Act (file photo)
Digital Desk, New Delhi. The Supreme Court has taken cognizance of the misuse of the Protection of Juveniles from Sexual Offenses Act i.e. POCSO Act. The Court asked the Central Government to consider introducing 'Romeo-Juliet Clause' to stop this problem, so that those teenagers can be saved who enter into consensual relationships without understanding.
The bench of Justice Sanjay Karol and Justice N Kotishwar Singh said that it is necessary to bring 'Romeo-Juliet Clause' to prevent large-scale misuse of strict laws like POCSO. The central government needs to take strict action on this.
The case reached the Supreme Court through the Uttar Pradesh government challenging the Allahabad High Court order granting bail to an accused in a sexual assault case involving a minor girl. The Supreme Court considered the High Court order wrong, but upheld the bail granted to the accused.
need to take necessary steps
The Court said that as judicial cognizance has been taken time and again of the misuse of these laws, a copy of this judgment be sent to the Law Secretary of the Government of India, so that he may consider taking necessary steps to curb this problem, which may, inter alia, include inclusion of Romeo-Juliet clause exempting genuine teenage relationships from the purview of this law. Also, a system can be created so that cases can be filed against those people who want to take revenge by misusing these laws.
What is Romeo Juliet clause?
The Romeo Juliet clause suggested by the Supreme Court is aimed at keeping genuine teenage relationships free from the harsh provisions of POCSO. Many times, when families object to consensual relationships between teenagers, a case is registered against the boy under POCSO. Since there is no place for consent in POCSO. In such a situation, despite being a minor, the accused has to face severe jail sentence. Therefore, the Supreme Court believes that such laws should be brought which can identify which cases are wrong and which are actually crimes.
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