ABSTRACTS
This study explores how POCSO addresses adolescent relationships, particularly the legal treatment of consensual interactions and international child protection laws, emphasizing the criminalization of consensual relationships. It also clarifies adolescent psychological and developmental concerns, and analyzes the application of POCSO by courts in consensual adolescent relationships. The study also compares international approaches and highlights the role of cultural factors in shaping legal frameworks. This research seeks to identify gaps in the current legal system, study emerging judicial trends and review international models to suggest balanced reforms that safeguard children and uphold adolescents’ emerging autonomy.
KEYWORDS
POCSO, Adolescent Relationship, age of consent, consensual intimacy, autonomy, child protection law, close-in-age exemption
INTRODUCTION
POCSO, introduced in 2012, aims to shield minors from sexual offences by creating a focused and inclusive legal mechanism for punishing the perpetrators and providing security to the victims. By legally giving the term “child: means any person below the age of eighteen years.”[1]
“The World Health Organization (WHO) defines adolescence as the transitional stage between childhood and adulthood, typically ranging from 10 to 19 years of age. This stage is characterized by significant biological, psychological, and social changes, which play a critical role in shaping long-term health and development.”[2] .During adolescence, individuals undergo rapid physical growth, develop cognitive abilities, and experience emotional changes that influence their decision-making, interpersonal relationships, and overall understanding of the world. The emergence of romantic and sexual relationships is a natural aspect of this phase. “Forming romantic connections during the teenage and early adult years often contributes positively to an individual’s self-image and confidence. Such experiences can shape how young people perceive their bodies and personal worth. Research also indicates that these early relationships support the development of essential social and emotional abilities, including managing disagreements and regulating feelings. In contrast, limited exposure to dating during this stage may hinder the growth of interpersonal skills necessary for building and maintaining lasting romantic bonds. Therefore, developing these
relationships during adolescence plays a foundational role in fostering healthy and respectful partnerships later in life.”[3]
However, this biological and psychological reality often conflicts, with the strict legal definition in POCSO, where all sexual acts with parties belowthe age of eighteen are criminalized irrespective of consent. It raises a complicated legal and social issue: protecting the child versus preserving adolescent autonomy. In many cases, consensual teen
relationships or teen-young adult relationships are treated as serious sexual offenses, leading to criminal charges, social stigma, and disruption of education and future prospects for both parties involved. This rigid approach not only misses the developmental fact of adolescence but also risks undermining the very objectives of the Act by diverting attention from genuine cases of abuse.
RESEARCH METHODOLOGY
The research is qualitative in nature based on primary and secondary evidence. Primary
evidence includes the POCSO Act, the UNCRC, official reports, and other international child protection laws. Secondary sources consist of research papers, journal articles, news reports, and legal blogs that offer critical insights into adolescent relationships and legal frameworks. Judicial decisions have also been taken into account to see how the courts interpret and implement these legislations. The study combines legal analysis with sociological and psychological perspectives to offer a balanced perspective on the issue.
REVIEW OF LITERATURE
Child protection laws, particularly those related to adolescent relationships, have been widely studied through legal, sociological, and psychological perspectives. Reports of UNICEF and other researchers indicate that strict legal actions can harm mental well-being and discourage young people from seeking support. Indian court judgments have increasingly recognized the difference between consensual adolescent relationships and cases of exploitation, urging
lawmakers to prevent the misuse of the POCSO Act in such situations. In the majority of nations, including Canada and South Africa, close-in-age provisions have been enacted to prevent criminalizing consensual peer relationships. Research overall indicates the requirement for legislation that can prevent abuse and take into account adolescents’ increasing independence and decision-making capacity.
Adolescence and Emerging Intimacy
Romantic relationships and sexual instincts are crucial developmental phases, particularly during adolescence, in which the person undergoes tremendous hormonal changes resulting in the development of sexual desire and feelings of love. These desires are a natural part of
human growth, shaping identity, social relationships, and emotional maturity, “Adolescence is not merely a time of emotional turmoil, but a stage marked by profound physical and
emotional growth. It often represents the first experience of romantic interest and connection. For many Indian teenagers, romantic relationships are filled with curiosity and wonder. In urban areas especially, increased exposure to Western culture has influenced young people to spend more time engaging in romantic activities, whether through dating, conversations about relationships, or the search for an ideal partner.”[4] However, acknowledging this biological and psychological reality does not deny the need to safeguard children from exploitation, coercion, or abuse, it rather calls for an even-handed approach: safeguarding children and respecting their growing autonomy. Teenage consensual romantic relationships must neither
be criminalized nor stigmatized, the focus should shift toward comprehensive sex education, awareness about consent, and creating supportive environments that empower adolescents to make informed and responsible choices.
To evaluate how law should respond to adolescent intimacy we must first have a sense of what adolescence is biologically, psychologically, and socially, and why romantic exploration in this age group so frequently happens.
Adolescent Growth and Voluntary Romantic Connections
Adolescence represents a key phase in human growth, marked by significant physical, emotional, and mental transformations. As described by UNICEF, it is during this period, typically between the ages of 10 and 19, that young individuals start engaging with their surroundings in more complex ways, exploring new experiences, developing abilities, and encountering a range of unfamiliar feelings.”[5] During this phase, individuals experience heightened emotional sensitivity, a strong need for autonomy, and an increased tendency for risk-taking. “During adolescence, the human body experiences widespread and significant development. This includes changes in nearly every organ system, along with shifts in bodily functions. Growth in height and weight becomes more noticeable, body proportions evolve, and hormonal activity increases substantially. These internal transformations lead to visible signs of sexual maturity, reflecting the body’s overall progression toward adulthood.”[6] These biological and psychological shifts lay the foundation for new social and emotional experiences, including the desire for closeness and intimacy.
Philosophical perspectives help explain why this pursuit of independence and intimacy matters. “Immanuel Kant considered autonomy as the foundation of human dignity, emphasizing that moral worth comes from the capacity for self-governance. John Stuart Mill also promoted individualism as an essential aspect of human flourishing, suggesting that an individual whose desires and impulses reflect their own nature should be formed through
personal growth and culture, while one whose desires are external to them possesses no real individuality.”[7] These philosophical perspectives underscore why adolescents often experience strong romantic and sexual urges as a natural and integral part of development, which are neither pathological nor inherently harmful when expressed consensually among peers.
However, these developmental realities exist within a legal and social framework that often criminalizes adolescent intimacy. The NFHS-4 (2015–16) showed that 11% of the girls had their first sexual intercourse at the age of 15 or younger, and 39% at the age of 18 or younger.[8] NCRB figures suggest that between the years 2019 and 2021, 1,50,061 were POCSO victims, out of which approximately 44,104 were between the ages of 16–18, and 24.3% of three states’ cases were ‘romantic’ in nature. Understanding this dynamic is essential for creating policies and educational frameworks that protect adolescents from harm without undermining their autonomy and evolving capacity for intimacy.
While adolescent relationships are rooted in natural biological and emotional development, the law as in the Protection of Children from Sexual Offences Act, 2012 (POCSO), often conflicts with this reality by treating all sexual activity involving individuals under the age of 18 irrespective of consent. To understand this tension, it is essential to examine the origin, framework, and legislative intent behind POCSO.
POCSO: Origin and Framework
The Protection of Children from Sexual Offences Act, 2012 was introduced as a landmark legislation to fill the legal gaps in addressing sexual offences against children in India, it was extremely progressive and was enacted to establish an independent, comprehensive and child centric legal framework to address sexual offences against children, recognizing unique nature of such crimes, and the special needs of child victims. Prior to its enactment, cases of child sexual abuse were tried under the various provisions of the “Indian Penal Code, 1860 (IPC), including section 354, 375 and 377”[9], and governed by the normal rules of a “criminal trial prescribed in the Code of Criminal Procedure, 1973 (Cr.P.C.)”[10].
India became a signatory to the “United Nations Convention on the Rights of the Child, 1989 (UNCRC)”[11] In 1992, committing itself to aligning its domestic laws with the global standards for child protection and the enactment of the Protection of Children from Sexual
Offences Act (POCSO) in 2012 was a step toward fulfilling this commitment by embedding the UNCRC’s core values. “The UN Convention on the Rights of the Child (UNCRC) reaffirmed the global responsibility to provide children with special care and protection, drawing upon earlier international human rights instruments. For example, the Geneva Declaration of 1924 acknowledged that society owes its very best to its children, and the 1959 Declaration of the Rights of the Child, adopted by the UN General Assembly, further emphasized the unique need to safeguard children due to their vulnerability.”[12] Building on this foundation, the 1959 Declaration by the United Nations went further to recognize that, due to their physical and mental immaturity, children require not only care and support, but also specific legal safeguards both before and after birth. This perspective has shaped global child protection frameworks, reinforcing the idea that children’s rights must be upheld through dedicated legal mechanisms that prioritize their well-being and development.
“In a similar spirit, Article 25 of the Universal Declaration of Human Rights (1948) affirms that both childhood and motherhood deserve special protection and support. Reflecting these ideals, the enactment of the POCSO Act brought these humanitarian values into India’s legal framework by adopting the principle that the welfare of the child must remain central to all decisions and actions concerning them.,”[13] laid down in “Article 3, UNCRC, the governing standard for all actions concerning children.”[14]
The phrase “child sexual abuse” does not appear explicitly in any Indian statute. Here, it is used as a broad term for different types of sexual crimes against children, which are mainly defined under the POCSO Act. “This legislation outlines multiple forms of abuse, such as penetrative sexual assault, which includes acts involving penetration or stimulation of a child’s genital or bodily openings or compelling a child to engage in such acts with an adult.”[15], “it also defines sexual assault more broadly to include any inappropriate physical contact made with a sexual motive.”[16], as well as the “aggravated forms of these offences, that is, when they are committed by a person in a position of power, trust or authority over the child.”[17] Other offences included in the POCSO are sexual harassment, the use of a “child for pornography, or storing child pornography.”[18]
While POCSO was designed to protect children, its rigid provisions have sometimes criminalised consensual relationships between adolescents, leading courts to step in and clarify how the law should be applied.
Recent Jurisprudence: Judicial Responses and Recent Changes Following the Supreme Court’s Statement on POCSO
The Indian Supreme Court and various High Courts have increasingly recognized the tension between the rigid statutory framework of POCSO and the social realities of adolescent relationships, particularly when teen relationships are disapproved of by parents or society. For instance, courts have noted that most POCSO cases are not cases of exploitation but are the result of consensual romantic relationships that are reported due to family or community pressure rather than genuine harm to the minor. For example, in Vijayalakshmi v. State[19] the Madras High Court highlighted that most POCSO cases are due to disapproval of teen romance by their families. The Court held that criminalizing natural teenage behaviour is counterproductive. Similarly, in Mrigraj Gautam v. State of Uttar Pradesh[20] the Allahabad High Court granted bail to an accused in a case involving a consensual relationship, noting that POCSO was never intended to criminalize teenage mutual intimacy and noting the misuse of the law in such cases. The Calcutta High Court, in its ruling in the case of Ranjit Rajbanshi v. State of West Bengal[21], noted that rigid application of POCSO to consensual teenage relationships will cause injustice, the Court stressed the need to distinguish between exploitative conduct and voluntary relationships involving near-major adolescents. In Silvester Khonglah v. State of Meghalaya[22], the Meghalaya High Court also cautioned against the misuse of POCSO, granting bail while recognizing that prosecuting consenting teenaged couples is antithetical to the statute’s very objective of protecting children from sexual exploitation.
These rulings collectively reflect a growing judicial trend toward adopting a sensitive and contextual approach when dealing with a sensitive and contextual strategy in handling teen relationships. While the courts have tried to balance the letter of the law with fairness and social realities, they have also highlighted the urgent need for legislative reform to bring clarity and prevent misuse of POCSO.
A significant milestone in the discourse on adolescent rights under POCSO is the Supreme Court’s judgment in In Re: Right to Privacy of Adolescents[23], while upholding the conviction of an accused under Section 6 of POCSO[24] and relevant provisions of the IPC, the Court acknowledged the complexities involved in adolescent relationships and the need for a more empathetic and reform-oriented approach. The case involved a 14-year-old girl who became a mother, highlighting the intersection of law, social stigma, and systemic failures. Rather than limiting its analysis to punitive measures, the Court went beyond to emphasize the constitutional values of dignity, privacy, and autonomy under Article 21,[25] stating that adolescents should not be further victimized by the very systems meant to protect them.
The Court issued extensive rehabilitation directives under Article 142[26] of the Constitution, mandating financial assistance, education, vocational training, and safe shelter for the minor mother and her child. The judgment criticized the lack of institutional support and called for data-driven policies, comprehensive sex education, and awareness programs on consent to better equip adolescents in navigating their relationships responsibly. This judgement reflects a shift towards a balanced model, prioritizing rehabilitation and informed policymaking alongside strict enforcement against genuine exploitation, thereby underscoring the urgent need for legislative reforms to better address the realities of adolescent relationships.
Although Indian courts are trying to balance child protection with the realities of adolescent relationships, looking at how other countries handle similar issues can give useful ideas for creating a fairer and more practical legal approach in India
Comparative International Perspectives
Globally, countries have developed different legal approaches to address adolescent relationships, aiming to protect minors from exploitation while respecting their growing autonomy and social realities. In South Africa, for instance, the Constitutional Court struck down laws that criminalized consensual sexual activity between adolescents aged 12 to 16.[27] The Court emphasized that such criminalization violated the rights to dignity, privacy, and personal development, and instead recommended counseling and educational measures to guide young people. Canada provides a balanced framework by setting the age of consent at 16 while incorporating close-in-age exemptions for adolescents aged 12 to 16, as long as the age difference between the partners does not exceed two years.[28] This model ensures that consensual relationships between peers are not unnecessarily criminalized. Similarly, the The United Kingdom[29] and most Australian states[30] maintain the age of consent between 16 and 17, with close-in-age provisions and a strong focus on promoting healthy relationship education and awareness of consent.
Globally, there is growing recognition of the need for nuanced frameworks to handle adolescent relationships. Countries strive to balance the protection of minors with respecting their developing autonomy, all while considering cultural contexts and individual circumstances. India can draw valuable lessons from global practices by adopting close-in-age exemptions that differentiate consensual adolescent relationships from exploitative acts. Such reforms would prevent the unnecessary criminalization of teenage couples while preserving the core intent of POCSO to protect minors from abuse. Beyond legal changes, there is a need to focus on counseling, comprehensive sex education, and awareness programs that empower adolescents to make informed and responsible choices
about their relationships. By moving toward a rights-based framework that recognizes adolescent autonomy, psychological maturity, and evolving capacities, India can strike a balance between safeguarding children and respecting their personal agency.
Suggestions:
India has the opportunity to improve how its legal system addresses adolescent relationships by adopting a more thoughtful and developmentally informed approach. Key legal reforms, such as introducing structured judicial discretion, clear close-in-age exceptions, and comprehensive sexuality education, can help strike a better balance between protecting minors from abuse and recognizing their growing need for autonomy and informed decision-making. A flexible legal framework is essential, one that not only ensures safety but also acknowledges the evolving emotional, psychological, and social maturity of adolescents. To ensure that these laws continue to reflect contemporary realities, the government should consider creating a statutory commission specifically dedicated to reviewing adolescent-related sexual offence cases. This expert body could include professionals from various fields like law, child psychology, education, public health, and social work, who would study how legal provisions are being applied, particularly in cases involving consensual relationships between teens. It could be tasked with conducting national assessments every 3 to 5 years, examining trends, implementation challenges, and the social effects of current legal standards. Based on these findings, the commission could propose timely legislative or procedural reforms.
Furthermore, the integration of structured sex education into school curricula is vital. These programs should not only educate adolescents about consent, healthy boundaries, and respectful relationships, but also help dismantle stigma around romantic and sexual development. Clear judicial guidelines can also help courts distinguish between exploitative acts and genuine consensual teenage intimacy, ensuring that protective laws are not misused to punish natural adolescent behavior. Collectively, these measures can help India evolve towards a legal system that safeguards minors while respecting their rights and realities.
Conclusion:
The research highlights that while POCSO plays a vital role in protecting children, its rigid structure often criminalizes consensual adolescent relationships. Judicial trends and international practices show the importance of a balanced approach that safeguards minors without curbing their autonomy. Comparative models from other countries prove that legal reforms like close-in-age clauses are both effective and fair. By combining legal amendments with education and awareness, India can ensure better protection and justice for adolescents. A nuanced and rights-based approach is key to addressing this sensitive issue effectively.
By-
Priyank Mahendra
Hidayatullah National Law University
[1] “Protection of Children from Sexual Offences Act, No. 32 of 2012, § 2(d) (India).”
[2] “World Health Organization, Adolescent Health, https://www.who.int/health-topics/adolescent-health”
[3] “Herriot, Libby, and Rollins, Lauren. A Manual to Support the Development of Romantic Relationships and Sexuality for Adolescents and Young Adults with Traumatic Brain Injury. Reports, 2015. https://jstor.org/stable/community.36514169.”
[4] “Prerna Varma and Dr. Anurakti Mathur, Adolescent Romantic Relationships, Volume Int’l J. Indian Psych. Page (2015), https://ijip.in/pdf-viewer/?id=6518”
[5] “UNICEF, The State of the World’s Children 2011: Adolescent development and participation
https://www.unicef.org/adolescence”
[6] “Frank M. Biro & Ronald M. Dorn, Puberty and Adolescent Sexuality, 132 Pediatrics S172 (2013),
https://pmc.ncbi.nlm.nih.gov/articles/PMC3705202/.”
[7] “IMMANUEL KANT, GROUNDWORK OF THE METAPHYSICS OF MORALS (1785); JOHN STUART
MILL, ON LIBERTY ch. 3 (1859). https://iep.utm.edu/autonomy/”
[8] “Ashish Tripathi, SC Notice to Centre, NCPCR on Plea Against Move to Term Sexual Assault of Teens as ‘Consensual and Romantic Relationship’, Deccan Herald (Aug. 26, 2023), https://www.deccanherald.com/india/sc-notice-to-centre-ncpcr-on-plea-against-move-to-term-sexual-assault-of- teens-as-consensual-and-romantic-relationship-2662088”
[9] “Indian Penal Code, No. 45 of 1860, § 354, 375 & 377 (India)”
[10] “Code of Criminal Procedure, No. 2 of 1974, § 164 (India)”
[11] “Convention on the Rights of the Child, Nov. 20, 1989, 1577 U.N.T.S. 3.”
[12] “Shraddha Chaudhary, Reforms to the Legal Framework of Child Sexual Abuse in India: Legislative Band‑Aids on Systemic Wounds, 44 Statute L. Rev. 1 (2023), https://doi.org/10.1093/slr/hmaa007.”
[13] “Universal Declaration of Human Rights, G.A. Res. 217A (III), U.N. Doc. A/810, art. 25 (Dec. 10, 1948).”
[14] “Convention on the Rights of the Child, Nov. 20, 1989, 1577 U.N.T.S. 3, art. 3.”
[15] “Protection of Children from Sexual Offences Act, No. 32 of 2012, § 3, India Code”
[16] “Protection of Children from Sexual Offences Act, No. 32 of 2012, § 7, India Code”
[17] “Protection of Children from Sexual Offences Act, No. 32 of 2012, § 9, India Code”
[18] “Protection of Children from Sexual Offences Act, No. 32 of 2012, § 13, India Code”
[19] “Vijaylaxmi v. State, 2021 SCC OnLine Mad 317”
[20] “Mrigraj Rajbanshi v. State of Uttar Pradesh, 2023 SCC OnLine All 2184”
[21] “Ranjit Rajbanshi v. State of West Bengal, 2021 SCC OnLine Cal 2470”
[22] “Silvester Khonglah v. State of Meghalaya, 2022 SCC OnLine Megh 575”
[23] “In Re: Right to Privacy of Adolescents, Suo Motu Writ Petition (C) No. 3 of 2023 with Criminal Appeal No. 1451 of 2024, 2024 SCC OnLine SC 2055 (India).”
[24] “Protection of Children from Sexual Offences Act, No. 32 of 2012, § 6 (India)”
[25] “INDIA CONST. art. 21”
[26] “INDIA CONST. art. 142”
[27] “Teddy Bear Clinic for Abused Children v. Minister of Justice and Constitutional Development, 2013 (ZACC) 35 (S. Afr.).”
[28] “Criminal Code, R.S.C. 1985, c. C-46, § 150.1 (Can.),
https://laws-lois.justice.gc.ca/eng/acts/c-46/page-24.html#h-118142”
[29] “Sexual Offences Act 2003, c. 42, § 9 (U.K.), https://www.legislation.gov.uk/ukpga/2003/42/contents.”
[30] “Australian Inst. of Family Studies, Age of Consent Laws (2021), https://aifs.gov.au/sites/default/files/publication-documents/2104_age_of_consent_resource_sheet_0.pdf”