Navigating the Grey Areas: The POCSO Act and the Complexities of Adolescent Romantic Relationships in India

The former Chief Justice of India, DY Chandrachud in his speech at the National Annual Stakeholders Consultation on Child Protection said-"As you are no doubt aware, POCSO Act criminalises all sexual activity for those under the age of 18, regardless of whether consent is factually present between the two minors in a particular case I have observed that this category of cases poses difficult questions for judges across the spectrum." 1 This is true for nearly half of the cases of "romantic relationships" registered under the POCSO Act. 2 According to a 2020 study, sixteen is the average age at which male adolescents in India engage in their first sexual experience. 3 The National Family Health Survey reported that 11% of girls had their first sexual intercourse before the age of 15, and 39% before the age of 18. These reports apparently make it clear that romantic relationships and sexual intercourse among children below 18 years of age is not an alien concept to Indian society anymore. Undoubtedly, the POCSO Act was drafted with the most noble aim of protecting the young children from any form of noble harassment. But with the growing concerns of an increasing number of cases relating to romantic relationships under the POCSO Act, it becomes imperative to point out the gap areas in the legislation that must be filled in to overcome the negative impact of the Act.