The Supreme Court stated that love does not constitute a crime, and therefore, it cannot be criminalized. The court emphasized that young individuals in genuine relationships, even if they are under the legal age of majority, should be allowed to continue their relationships without interference. This statement was made by a bench of Justices B.V. Nagarathna and R. Mahadevan while hearing petitions seeking guidelines to prevent the misuse of the Protection of Children from Sexual Offences (POCSO) Act in cases involving consensual relationships among minors.
The court dismissed petitions from the National Commission for Protection of Child Rights (NCPCR) and the National Commission for Women (NCW) challenging rulings by the Punjab and Haryana High Court. These rulings had validated marriages of Muslim girls after they attained puberty. The bench determined that the commissions lacked the necessary legal standing to intervene in these matters. The court found it unusual that the NCPCR, tasked with protecting children, would challenge an order safeguarding the interests of two children. The court suggested that these couples be left alone.
The bench highlighted that while the POCSO Act is a crucial instrument for protecting children from sexual abuse, it’s essential to differentiate between exploitation and criminal actions, and the reality of genuine romantic relationships between adolescents. Justice Nagarathna questioned if love itself could be considered a crime, warning that prosecuting minors in consensual relationships could cause lasting harm. The court also recognized the potential for parents to misuse the POCSO Act in instances where their daughters elope or form relationships.
The court emphasized the importance of evaluating each case individually. The court remarked, “it needs to be viewed on a case-to-case basis… Why do you want to prosecute everyone? Every case is different, the police have to investigate, apply their mind and weed out the real cases that need prosecution.”
The bench also emphasized that parents often misuse the POCSO Act. The court said that if we start considering every such case as a crime, then cases of honor killing will increase. The court also highlighted the significant emotional distress experienced by a young man facing incarceration or trial for a consensual relationship, particularly when the girl is near adulthood. The court emphasized that the realities of society must be taken into consideration. The bench considered the social realities of adolescence, noting that boys and girls study together, spend time together, develop feelings for each other, and often form romantic relationships. When relationships are genuine, and when they desire marriage or cohabitation, there should be no interference.
