NEW DELHI: To put an end to the rampant misuse of the Protection of Children from Sexual Offences (POCSO) Act, the Supreme Court on Friday advised the Centre to curb the menace by introducing a “Romeo-Juliet” clause to exempt “genuine adolescent relationships” from its stringent provisions.
“Considering that repeated judicial notice has been taken of the misuse of these laws, let a copy of this judgment be circulated to the Secretary, Law, Government of India, to consider initiation of steps as may be possible to curb this menace inter alia, the introduction of a Romeo-Juliet clause exempting genuine adolescent relationships from the stronghold of this law; enacting a mechanism enabling the prosecution of those persons who, by the use of these laws, seek to settle scores, etc,” a bench comprising Justices Sanjay Karol and N Kotiswar Singh said.
The case reached the top court through a challenge by the UP government against an Allahabad High Court order granting bail to an accused in a sexual assault case, apparently involving a minor girl.
Hearing the appeal, the court said HC cannot order mandatory medical age determination of victims at the stage of bail in cases under POCSO Act.
The bench said an HC cannot use its bail jurisdiction to conduct “mini-trials” or issue mandatory investigative protocols that contradict existing laws. “It is unquestionable that the HC is a constitutional court. However, in the instant case, the error of jurisdiction by the HC was in exercise of a statutory power and not under the Constitution…,” the SC said.