Delhi HC says POCSO not meant to criminalise consensual romantic relationship between young adults

The intention behind POCSO is to protect children from sexual exploitation but it was never meant to criminalise consensual romantic relationships between young adults, the Delhi High Court has said.

It, however, cautioned that the nature of the relationship has to be seen from facts and circumstances of each case as the survivor in some cases may face pressure to settle.

The court's observation came while granting bail to a boy who married a 17-year-old girl and was subsequently apprehended under the Protection of Children from Sexual Offences (POCSO) Act.

It noted that in the present case, the girl was not coerced into the relationship with the boy, and it was clear from her statement that there was a romantic relationship between the two and the sexual act between them was consensual.

In my opinion, the intention of POCSO was to protect children below the age of 18 years from sexual exploitation. It was never meant to criminalise consensual romantic relationships between young adults, said Justice Jasmeet Singh in the order.

Thus, this is not a case where the girl was coerced into the relationship with the boy. In fact, the girl herself went to the man’s house and asked him to marry her. The statement of the victim makes it clear that this is a romantic relationship between the two and that the sexual act involved between them was consensual, the court said in its order.