Supreme Court on POCSO: Love Is Not a Crime, Don't Criminalize Teenage Relationships

The Supreme Court on Tuesday made an important observation while hearing petitions related to the misuse of the POCSO Act (Protection of Children from Sexual Offences). A bench of Justice BV Nagarathna and Justice R. Mahadevan said that love cannot be treated as a crime and that young couples in genuine relationships should not be unnecessarily harassed.

The court dismissed petitions filed by the National Commission for Protection of Child Rights (NCPCR) and the National Commission for Women (NCW), which had challenged the Punjab and Haryana High Court’s ruling upholding the validity of Muslim girls’ marriages after attaining puberty. The bench said these commissions had no legal standing in such cases and stressed—“Leave these couples alone.”

What the Court Said

• POCSO is vital for child protection, but it must be applied carefully. The bench said the law should not blur the line between exploitation and genuine adolescent relationships.

• Justice Nagarathna asked, “Can falling in love ever be called a crime?”

• The court noted that prosecuting teenagers for consensual relationships could leave lifelong scars.

• It also highlighted that parents often misuse POCSO by filing cases when daughters elope or enter relationships, mainly to protect family “honor.”

The Legal Context

• Under Indian civil and criminal law, marriage below the age of 18 is illegal, and sexual relations with minors are a crime.

• Under Islamic personal law, however, Muslim girls can marry after attaining puberty.

• This legal contradiction has led to several disputes, where POCSO is often invoked even in consensual relationships.

Concerns Raised

Senior advocate H.S. Phoolka, appearing for NGO Bachpan Bachao Andolan, argued that leniency in such cases should not be misused. He suggested limiting the age gap between minors in relationships to a maximum of three years. He also criticized the 2022 Tamil Nadu DGP circular directing police not to rush into arrests in consensual cases, saying it could encourage exploitation.

The Supreme Court, however, firmly rejected blanket rules, stressing that every case must be judged individually.

Social Reality Highlighted

The bench acknowledged the realities of adolescence—boys and girls study together, spend time with each other, and naturally develop romantic feelings. If such relationships are consensual and genuine, the court questioned why the law should treat them as criminal.

The judges also cautioned that labeling such relationships as crimes could worsen problems like honor killings.