Abstract

The Protection of Children from Sexual Offences (POCSO) Act, 2012, was enacted to protect children from sexual exploitation and abuse. However, one of its major drawbacks is its failure to distinguish between consensual sexual activity between adolescents and abusive or coercive acts. Sections 29 and 30 of the POCSO Act impose a presumption of guilt and severe punishment for any sexual activity involving minors, irrespective of consent. This paper explores the need for a "Romeo-Juliet" exception under the POCSO Act, which would decriminalize consensual relationships between adolescents who are close in age. The study highlights how the broad provisions of Sections 29 and 30 inadvertently criminalize adolescents in mutual relationships, with no regard for their age or the consensual nature of the act. Through an examination of relevant case laws, the paper argues that the law’s rigid application does not align with the realities of adolescent relationships. It proposes introducing a close-in-age exception to prevent the criminalization of consensual acts while still protecting minors from exploitation. The research calls for a revision of the POCSO Act to incorporate this exception, along with a robust framework for sexual education that empowers adolescents with the knowledge to understand consent and relationships. The paper concludes by advocating for a balanced approach that protects minors while recognizing their autonomy in consensual relationships.

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