Don't make the law squash young love

Outside the parameters of law, being an 'adult' has changed drastically over time. Within the law, however, being an 'adult' - 18 - hasn't changed since 1875, when the Indian Majority Act was passed. In this context, two individuals in their late-teens having a consensual sexual relationship is drastically different from any relationship involving younger teens. The Supreme Court's concern on misuse of Protection of Children from Sexual Offences (Pocso) Act 2012 should be seen in this light. The law, as it stands now, can be weaponised, and used to settle scores and put an end to 'undesirable friendships'. Earlier this month, while hearing an appeal against an Allahabad High Court order, the apex court asked GoI to consider including 'Romeo-Juliet' exemptions - decriminalising sexual activity between teenagers close in age, typically with a small age gap, say 2-3 yrs, and above a certain age, say, 14. GoI should.

The 'Romeo-Juliet' exemption has been adopted by countries like Japan, France, the Philippines, Britain, and most US states. A modified law can protect minors from sexual abuse while protecting young love from being stifled. Yes, this can be a tightrope. A 2023 Unicef report found nearly 23% of girls in India illegally married before turning 18, despite the Prohibition of Child Marriage Act (PCMA) 2006. At the same time, courts are finding an increase in Pocso cases filed to break up 'undesirable' relationships.

Building in a Romeo-Juliet provision to protect genuine adolescent relationships from falling foul of the law will require setting a band for close-in-age relationship, with a minimum age below which sex be treated as abuse. Consent has to be the cornerstone of these relationships. It's time India grew up.