POCSO Act: Invoking the Supreme Court’s “Romeo-Juliet” jurisprudence, the Meghalaya High Court has held that criminal proceedings under the Protection of Children from Sexual Offences (POCSO) Act may be quashed in exceptional cases involving consensual adolescent relationships, to prevent “manifest injustice” and secure the ends of justice.

Notably, the bench pointed to the “rigid application” of POCSO provisions in cases of consensual adolescent relationships which could “lead to serious injustice”.

A bench of Chief Justice Revati Mohite Dere and Justice H S Thangkhiew clarified that while the POCSO Act remains a stringent child-protection law, courts cannot ignore the ground realities of teenage relationships that fall within the so-called “Romeo-Juliet” category.

“We may note, considering the large number of POCSO cases, in particular Romeo–Juliet cases, it is the responsibility of the State Government to create awareness amongst the people, including the children about the provisions of the POCSO Act, its punishment, etc., not only in the cities but also in the interior and remote places, including schools, colleges, etc.,” the court said March 12.

The matter was sent to the appropriate bench for a decision on the merits, but the ruling sets a crucial precedent in navigating the delicate intersection between child protection laws and adolescent autonomy.