The issue with criminalising all adolescent relationships

Why in the News?

In May 2025, the Supreme Court of India delivered a landmark sentencing judgment in Re: Right to Privacy of Adolescents, refusing to impose a prison sentence on a man convicted under the POCSO Act, despite his conviction being upheld. This was due to the victim’s plea, emotional trauma, and systemic failures. The case reignited national debate on the criminalisation of adolescent sexual relationships, the rigidity of the POCSO Act, and the need for legal reform.

Background

• Protection of Children from Sexual Offences (POCSO) Act, 2012, criminalises all sexual activity involving individuals below 18 years of age, irrespective of consent, under the assumption that minors are incapable of giving valid consent.
• In the case at hand, a 14-year-old girl from rural West Bengal eloped with a 25-year-old man, later marrying him and having a child. The legal process was initiated by the girl’s mother, leading to the man’s arrest and conviction.
• Despite the girl’s repeated statements expressing her willingness to live with the man and raise their child, the POCSO Special Court sentenced him to 20 years.
• The Calcutta High Court reversed the conviction in 2022, citing the consensual nature and socio-economic context of the relationship. However, it also included problematic gender-biased language, prompting media and judicial outrage.
• In December 2023, the Supreme Court took suo motu cognisance and upheld the conviction, dismissing the concept of “non-exploitative consensual sex” involving minors, even when not abusive.

Features

Judicial Dilemma and Complexity

• The Supreme Court upheld the legal conviction but refused to impose punishment, recognising the emotional and financial trauma caused to the woman.
• This duality exposes the limitations of blanket criminalisation, especially in consensual adolescent relationships.

Role of the Expert Committee

1. An independent committee, including a psychologist, social scientist, and child welfare officer was appointed to understand the woman’s current stance.
2. The committee highlighted that her trauma came not from the relationship but from institutional failure, legal action, and family abandonment.

Data on Romantic Cases under POCSO

• An Enfold study of 7,064 POCSO cases across three states (2016–2020) found that 24.3% involved romantic relationships, with 82% of the girls refusing to testify against the accused.
• These trends reflect the reality of adolescent sexuality and the disconnect between legal frameworks and ground realities.

Limitations of Judicial Discretion

• Courts like the Bombay High Court (2025) declined to quash such cases, stating decriminalisation must come from the legislature.
• This shows the inadequacy of relying solely on judicial exceptions to address widespread issues, stressing the need for structural legislative reform.

Paternalistic Legal View

• The law assumes all sexual acts with adolescents are exploitative, denying agency to older adolescents.
• The Supreme Court dismissed the Calcutta High Court’s concern over the identity erasure of adolescent girls, reinforcing a patriarchal victimhood narrative.

Way Forward

Revisiting the Age of Consent

• Consider aligning with international standards that recognise non-exploitative consensual sex among older adolescents (16–18), especially when the age difference is narrow and there is no coercion.
• Create legal provisions that distinguish between exploitative and consensual relationships, especially for individuals aged 16–18 years.

Legal Reform in the POCSO Act

• Amend the POCSO Act to introduce nuance, such as requiring proof of coercion, abuse of trust, or a significant age gap.
• Introduce a close-in-age exemption (like “Romeo and Juliet” clauses used in other jurisdictions).

Shift from Criminalisation to Support

• Ensure interventions focus on rehabilitation, counselling, education, and healthcare, rather than punitive legal action.
• Strengthen the implementation of Juvenile Justice Act safeguards and ensure non-punitive shelter homes with dignity, education, and agency.

Comprehensive Sexuality Education

• The Supreme Court has directed the Centre to explore comprehensive sexuality education, life-skills training, and emergency assistance mechanisms.
• These must be integrated into school curricula, community programs, and legal awareness drives, particularly in rural and marginalised communities.

Data and Policy Monitoring

• Develop a robust national database on adolescent relationships, POCSO case trends, and outcomes.
• Regular policy reviews must assess whether the law is protecting or harming adolescents in practice.
• Gender-Just Judicial Language
  Courts must move away from morality-laden or patriarchal commentary, especially in cases involving adolescent girls.
• Judges should be sensitised to adolescent psychology, agency, and cultural contexts.

Conclusion

The case Re: Right to Privacy of Adolescents is not just an extraordinary legal event but a mirror to systemic failure in law, society, and institutions. While the Supreme Court showed empathy in sentencing, the legal structure remains outdated, treating all adolescent relationships as crimes. It’s time for Parliament to engage in serious legal reform, acknowledging adolescent agency, preventing exploitation, and focusing on support over stigma.

MAINS PRACTICE QUESTION

Critically examine the implications of the Supreme Court’s 2025 judgment in Re: Right to Privacy of Adolescents on the criminalisation of adolescent sexual relationships in India. Should the POCSO Act be amended to recognise consensual relationships among older adolescents?

PRELIMS PRACTICE QUESTION