Legal Age Of Consent Protects Minors, But Adolescents Should Express Love Without Criminalization Says Delhi HC

The Delhi High Court on Wednesday has emphasized a progressive legal approach that prioritizes “understanding” over “punishment” in criminal cases involving consensual adolescent relationships.

Recognizing adolescent love as a natural aspect of human development, Justice Jasmeet Singh underscored that young individuals should be allowed to form emotional connections without the fear of legal repercussions.

In a ruling issued on January 30 and made public on February 14, Justice Singh highlighted that legal frameworks must evolve to acknowledge and respect consensual relationships free from coercion. The court reiterated that laws should aim to prevent exploitation rather than criminalizing genuine relationships among adolescents.

“Love is a fundamental human experience, and adolescents have the right to form emotional connections. The law should evolve to acknowledge and respect these relationships, as long as they are consensual and free from coercion,” stated the court.

The court upheld a trial court judgment acquitting a man accused of penetrative sexual assault under the Protection of Children from Sexual Offences (POCSO) Act. The case stemmed from a December 2014 complaint filed by the girl’s father, alleging that his minor daughter had gone missing after tuition, prompting concerns about her relationship with the accused.

Subsequent police investigations found the girl, then around 16 years old, in the company of the accused, leading to charges under the POCSO Act.

Upon review, the High Court ruled that the prosecution failed to establish beyond reasonable doubt that the prosecutrix was a minor at the time of the incident. The court also noted the girl’s consistent assertion that the relationship was consensual. Relying on precedent, the judgment reaffirmed that in cases where a minor is unshaken in her statement of consent, rigid application of statutory age thresholds may lead to unjust outcomes.

Justice Singh cautioned that legal provisions regarding age of majority should be contextually interpreted, particularly in cases where the prosecutrix is on the threshold of adulthood.

“In a case of this nature, where the minor is certain and unshaken in her opinion and desire, it would not be right and proper for this court to brush aside her views merely because she has not yet attained the age of 18 years,” the court observed.

The ruling further emphasized that without definitive proof of the prosecutrix’s age, convicting an individual under the POCSO Act would be harsh and unjust. The court advocated for a legal system that both safeguards young individuals’ rights to love and ensures their safety and well-being.

“I advocate for a compassionate approach that prioritizes understanding over punishment in cases involving adolescent love,” Justice Singh asserted. The court’s decision reflects a growing acknowledgment of the need to balance legal safeguards with the evolving realities of adolescent relationships.

The judgment also cited medical reports that failed to substantiate the prosecution’s claims, particularly in the absence of any physical injuries indicative of non-consensual sexual activity. Ultimately, the court reaffirmed that its role is to uphold justice by carefully weighing evidence and considering the broader implications of rigid legal interpretations on adolescent relationships.

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