JOURNAL OF THE NATIONAL HUMAN RIGHTS COMMISSION, INDIA
VOL. 21, 2022
its inherent authority under Section 482 of the Criminal Procedure Code,50 which states that
it has the authority to prevent abuse of the process of any Court or otherwise to secure the
ends of justice.51
There have been several such cases before the Special POCSO courts known as ‘romantic
cases’ or ‘Romeo Juliet cases’, or ‘teen romance cases’. A study of 1,715 “romantic” cases under
the POCSO Act determined between 2016 and 2020 by Special Courts in Assam, Maharashtra,
and West Bengal were examined by Enfold Proactive Health Trust, and it was discovered that
these instances made up 24.3 per cent of all cases decided by the courts.52 The study further
reveals that:
•
80.2 per cent of the complainants were the girls’ parents and relatives. After the
female went “missing”, eloped with her lover, or a pregnancy was discovered, they
went to the police.
•
Only 46.5 per cent of the cases involved the victim and the accused being married
to one another.
•
The females said that the relationships were consensual in 85.5 per cent of the
situations.53
9. Judicial Response to Victimisation of Adolescents
Is a child of 17 years of age, a criminal, deserving rigorous imprisonment because he
had consensual sexual relations with another 17-year-old? This is an outdated moral
viewpoint being imposed on children. Several High Courts have taken proactive stand on
cases where adolescents are being victimised. They have recognised the normalcy of these
relationships and the futility of prosecuting ‘romantic cases’, owing to the consensual nature
of the relationships as well as the harmful impact of continued prosecution on both parties.
The High Courts have observed that the cases of mutual consent and teenage attraction are
not an uncommon occurrence at an adolescent age, and, therefore, the age of consent should
50
51
52
53
62
Section 482 in The Code of Criminal Procedure, 1973 – Nothing in this Code shall be deemed to limit or affect the inherent powers of the
High Court to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any
Court or otherwise to secure the ends of justice.
Swagata Raha, Shruthi Ramakrishnan, “Changing the age of consent,” The Hindu, September 05, 2022.
Swagata Raha, Shruthi Ramakrishnan, “Changing the age of consent,” The Hindu, September 05, 2022
Swagata Raha, Shruthi Ramakrishnan, “Changing the age of consent,” The Hindu, September 05, 2022