Supreme Court Examines Potential Implementation Of Romeo-Juliet Law In India   

New Delhi, August 25, 2023: The Supreme Court of India has asked the central government for a response on the possibilities of implementing the Romeo-Juliet law. This move comes after a Public Interest Litigation (PIL) was filed, highlighting instances where young men just above the age of 18 were arrested and jailed for engaging in consensual sexual relationships with girls below the age of 18. The PIL seeks to permit consensual sexual activity between girls over 16 years old and boys aged 16 to 20. 

Under the current legal scenario in India, if somebody is found to be engaged with a minor girl below the age of 18 years, they will be punished under the Protection of Children from Sexual Offences (POCSO) Act of 2012. Under the POCSO Act, the consent given by the minor girl is immaterial. Furthermore, under Section 375 of the Indian Penal Code (IPC), the consent of a girl below the age of 16 is immaterial, and such an act is treated as rape. 

As per the PIL, if the age gap between a girl and boy is below 4 years, such cases should be exempted from the preview of law, if they have mutual consent. As per the petitioner, a number of men and boys are arrested and punished for entering into consensual relationships. 

These legal concepts have been adopted by many countries to avoid misuse of criminal law against consensual sexual relationships, these laws aim to prevent the undue punishment of young men who may find themselves in relationships with minor age differences. 

The Supreme Court bench, comprising the Chief Justice of India and Justices J. B. Pardiwala and Manoj Misra, has issued a notice to the Union Government to file its response on the possible implementation of the Romeo-Juliet law in India. The name of this legal provision draws inspiration from William Shakespeare”s iconic tragic love story “Romeo and Juliet,” which narrates the bitter tale of two young lovers.