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Very strong, professional, and impactful legal explanation featuring Dr. Anthony Raju, Advocate Supreme Court and Well-Reputed Advocate in POCSO Cases in India, on the Supreme Court’s recent observation urging a ‘Romeo-Juliet clause’ in the POCSO Act — backed by latest judicial news and legal context:
Highly Commendable Observation by the Honourable Supreme Court
“Supreme Court Urges Union To Bring ‘Romeo-Juliet’ Clause In POCSO Act To Shield Consensual Adolescent Relationships From Prosecution”
— As observed in the landmark judgment, The State of Uttar Pradesh vs. Anurudh & Anr.
**Legal Explanation by
Dr. Anthony Raju
Advocate, Supreme Court of India — Leading Expert in POCSO Law & Child Rights Protection
1. Constitutional & Legal Context
The Protection of Children from Sexual Offences Act, 2012 (POCSO Act) was enacted to create a robust child-centric legal framework to protect children from sexual offences. It defines “child” as anyone under 18 years, and under the strict liability nature of the Act, all sexual acts with persons under 18 are offences, irrespective of consent. �
Wikipedia
While the Act’s protective intent is undeniable, over time it has been judicially recognized that consensual relationships between adolescents close in age are being brought within the punitive ambit of the law — contrary to the underlying objectives of justice and fairness. �
Wikipedia
2. What Did the Supreme Court Observe?
In a significant development on 9 January 2026, the Supreme Court:
✔️ Flagged the misuse of POCSO in consensual teenage relationships, particularly where parents or third parties weaponise the law to settle personal disputes.
✔️ Set aside the Allahabad High Court’s directions that had compelled mandatory medical age determination at the bail stage, holding that such judicial overreach undermined statutory safeguards.
✔️ Called upon the Union Government to consider introducing a “Romeo-Juliet clause” in the POCSO Act — as a legislative safety valve to protect genuinely consensual adolescent relationships from disproportionate criminal consequences.
3. What is a ‘Romeo-Juliet Clause’?
A “Romeo-Juliet clause” is a close-in-age exception used in statutory rape frameworks internationally. The core idea is simple and humane:
Instead of treating all sexual activity involving minors as criminal, the law should distinguish between:
Exploitative acts, coercion and abuse, and
Consensual relationships between peers where both parties are nearly the same age.
This clause would help ensure that teenagers in mutual relationships are not automatically criminalised when there is no evidence of exploitation or abuse.
4. Why This Judicial Observation Matters
A Balanced Protection Paradigm
Dr. Anthony Raju emphasizes that child protection must be contextual, proportionate, and just.
The Supreme Court’s suggestion isn’t dilution — it’s refinement of justice, ensuring POCSO protects the vulnerable without becoming an instrument of injustice against adolescents caught in consensual relationships.
Addressing Misuse & Social Harms
The Supreme Court rightly observed that misuse of POCSO:
❗ Leads to unjust criminalisation of adolescent boys and girls
❗ Turns consensual relationships into criminal complaints
❗ Enables settling of personal scores using penal law
❗ Damages lives long before any inquiry into facts.
5. What Should Parliament Do Next?
Dr. Anthony Raju asserts that:
➡️ Legislative reform should introduce the Romeo-Juliet exemption with clear guidelines.
➡️ The law must continue to protect children from every form of exploitation and abuse — this remains sacrosanct.
➡️ But it must also uphold the rule of law, justice, proportionality, fairness, and adolescent autonomy.
➡️ Procedural safeguards should prevent weaponisation of criminal law for personal vendettas.
6. Conclusion — A Milestone for Rational Criminal Justice
The Supreme Court’s call for a Romeo-Juliet clause reflects:
🟩 A progressive judicial mindset sensitive to the realities of youth and relationships.
🟩 Recognition that justice is not rigid punishment but balance — protecting children without criminalising normal adolescent behaviour.
🟩 A major step towards judicial and legislative cooperation for balanced legal reform.
As Dr. Anthony Raju advocates:
Justice must protect the vulnerable — not punish the innocent.
Child protection must be rooted in fairness, not fear.
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