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Taking note of the rampant misuse of the Protection of Children from Sexual Offences (POCSO) Act, the Supreme Court, on Friday, January 9, asked the Union government to consider introducing a “Romeo-Juliet” clause to exempt “genuine adolescent relationships” from the law’s stringent provisions.
A bench comprising Justices Sanjay Karol and N Kotiswar Singh said repeated judicial notice had been taken of the misuse of POCSO and directed that a copy of the judgment be circulated to the Secretary, Law, Government of India. “Considering that repeated judicial notice has been taken of the misuse of these laws… to consider initiation of steps as may be possible to curb this menace inter alia, the introduction of a Romeo-Juliet clause exempting genuine adolescent relationships from the stronghold of this law,” the bench observed.
The court also set aside an Allahabad High Court order that had directed mandatory medical age determination of survivors at the stage of bail in POCSO cases, holding that such directions exceeded the high court’s jurisdiction under Section 439 of the Code of Criminal Procedure. “The determination of the victim’s age is a matter for trial… not the bail court,” the bench held.
Emphasising limits on judicial intervention at the bail stage, the Supreme Court said high courts cannot use their bail jurisdiction to conduct “mini-trials” or issue investigative protocols that contradict existing statutory provisions. “It is unquestionable that the high court is a constitutional court. However, in the instant case, the error of jurisdiction by the high court was in exercise of a statutory power and not under the Constitution.”
The verdict came on an appeal filed by the Uttar Pradesh government challenging an Allahabad High Court order that had granted bail to an accused in a sexual assault case involving a minor and had laid down mandatory directions for medical age determination in all POCSO cases. While setting aside the directions, the Supreme Court left the grant of bail itself “undisturbed”.
While underlining that POCSO remains “one of the most solemn articulations of justice aimed at protecting the children of today and the leaders of tomorrow”, the court cautioned that misuse of such a law “as a tool for exacting revenge” threatens the very notion of justice.