The Delhi High Court said that when dealing with cases of teenage love, the legal system should be understanding instead of just punishing. The court believes young people have the right to fall in love, but their safety and well-being should also be protected.

What was the case about?

The court made these observations while ruling on a case involving a 16-year-old girl and a man accused of sexual assault under the Protection of Children from Sexual Offences (POCSO) Act. The case was filed by the girl’s father.

Justice Jasmeet Singh upheld the trial court’s decision to acquit the man in February 2020, saying it was “well-reasoned and does not require any interference.”

The court noted that the girl had clearly stated that she was in a consensual relationship with the man. “All the facts proved in this case clearly indicate the willingness of the prosecutrix (girl) to accompany the respondent (man), and the respondent established physical relations with the consent of the prosecutrix,” the court said.

What did the court say about the POCSO act?

Justice Singh pointed out that the POCSO Act was meant to protect children but does not differentiate between cases where a minor voluntarily chooses a partner. “The POCSO Act was promulgated for the protection of children. The Act, however, did not choose to draw any distinction as to a girl of less than 18 who chooses a partner out of her own choice and volition,” he said.

The judge further noted that any sexual relationship involving a minor is considered an offence under the POCSO Act. However, he stressed the importance of recognising consensual relationships among adolescents.

Justice Singh emphasised the need for the law to evolve to acknowledge adolescent love while preventing exploitation and abuse. “Love is a fundamental human experience, and adolescents have the right to form emotional connections. The law should evolve to acknowledge and respect these relationships, as long as they are consensual and free from coercion,” he said.

He also stated that minors should be able to express their feelings without the fear of being criminalized. “While the legal age of consent is important for protecting minors, I feel that adolescents should be allowed to express their feelings and engage in relationships without fear of criminalisation.”

The court highlighted that the focus of the law should be on preventing harm rather than punishing consensual relationships. “The focus of the law should be on preventing exploitation and abuse rather than punishing love. I affirm that consensual and respectful adolescent love is a natural part of human development,” Justice Singh added.

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