In second order in a week, Delhi HC backs ‘adolescent love’ & ‘consensual physical relationship’

In less than a week, Delhi High Court issued a second ruling underlining the need to recognise “adolescent love” and “consensual physical relationship” between young couples, aiming to protect them from the stringent provisions of the Protection of Children from Sexual Offences (Pocso) Act.

In a recent case, the court acquitted a man accused of raping a girl he was in a relationship with. HC noted that the accused was 19 at the time of the incident in 2014, while the girl was 17.

Justice Jasmeet Singh said the case involved “adolescent love” and that the physical relationship between the two were consensual.

“What cannot be lost sight of is that, at the time of the incident, the appellant (man) was 19 years of age and the prosecutrix (girl) was about 17 years of age. Thus, it was a case of adolescent love, and the physical relationship was established consensually. Therefore, convicting the appellant under the Pocso Act would be a perversity of justice,” he said.

The court argued that the age of majority, as defined by law, must be interpreted in the context of the specific legal framework. It emphasised that the girl’s view should not be disregarded simply because she was under 18, especially when her opinion and desire regarding the consensual nature of the relationship remained “certain and unshaken”.

The court also ordered the man’s release from jail, pointing out that the prosecution had failed to prove the girl’s age beyond reasonable doubt, and the benefit of doubt should go to the accused. The girl’s father had lodged a missing person complaint in 2014, and she was later found with the man from Ghaziabad. She disclosed that they had married in a temple and were living together in a rented accommodation in Ghaziabad. Despite her objections, the trial court had sentenced the man to seven years of rigorous imprisonment under the Pocso Act.

However, the HC called for a compassionate approach, prioritising “understanding” over “punishment” in cases involving adolescent love. It argued that the law should evolve to acknowledge such relationships, particularly when they are consensual and free from coercion. “I believe that societal and legal views on adolescent love should emphasise the rights of young individuals to engage in romantic relationships that are free from exploitation and abuse,” the court said.

“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,” he said, adding, the focus of the law should be on preventing exploitation and abuse, rather than punishing love.