India Debates 'Romeo Juliet Clause' to Reform Strict Age of Consent Laws
India’s Protection of Children from Sexual Offences (POCSO) Act currently sets the age of consent at 18. This law criminalises all sexual activity involving anyone under that age, even if the relationship is consensual. But calls for reform have grown, with the Supreme Court and legal experts pushing for a 'Romeo Juliet Clause' to protect young couples in close-age relationships. The POCSO Act, introduced in 2012, raised the age of consent from 16 to 18. Under this law, any sexual conduct with a person below 18 is treated as an offence, regardless of consent. However, a 2023 report by the Law Commission of India found that lowering the age of consent would not increase child marriages.
A significant portion of POCSO cases involves consensual relationships. Research shows that 24.3% of cases were 'romantic' in nature, involving adolescents close in age. Meanwhile, 80.2% of complaints were filed by parents opposed to their daughter’s relationship. The proposed Romeo Juliet Clause aims to address this issue. It would provide legal protection for young people in consensual relationships with a small age gap. However, the clause would not apply in cases of non-consensual acts or where the age difference exceeds a set limit. Enforcement would be decided on a case-by-case basis.
The Supreme Court has repeatedly stressed the need for this clause to prevent unnecessary criminalisation of young couples. If introduced, it would mark a shift in how the law treats consensual adolescent relationships. The change would still maintain strict protections against exploitation and abuse under the POCSO Act.
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