The Supreme Court has ruled that love is not a crime and cannot be classified as such. The court also clarified that young people in genuine relationships, even if their age is slightly below the legal age of adulthood, should be allowed to continue their relationships. Justices B.V. Nagarathna and R. Mahadevan made these remarks while addressing petitions that sought guidelines to prevent the misuse of the POCSO Act in cases concerning consensual relationships among minors.
The court rejected petitions from the National Commission for Protection of Child Rights (NCPCR) and the National Commission for Women (NCW), which contested decisions by the Punjab and Haryana High Court that validated marriages of Muslim girls after they reached puberty. The bench concluded that these commissions lacked the necessary legal standing to intervene in these matters. The court found it peculiar that the NCPCR, whose role is to protect children, challenged an order that protected two children. The court suggested that the couples in question should be left to themselves.
Considering the POCSO Act, the court acknowledged that it is a vital tool to protect children from sexual abuse but underscored the importance of differentiating between exploitation and criminal behavior and genuine romantic relationships among adolescents. Justice Nagarathna questioned if love could be deemed a crime, warning that prosecuting adolescents in consensual relationships could inflict deep and lasting damage.
The court indicated that the POCSO Act is often misused by parents, especially when their daughters elope and form relationships or marry. The court further indicated that if every such situation were deemed a crime, cases of honor killings would increase. The court highlighted the trauma experienced by a young man who faces incarceration or legal proceedings due to a consensual relationship, particularly when the girl is close to adulthood. The court emphasized the need to acknowledge the realities of society.
The court also contemplated the social realities of adolescence, emphasizing that boys and girls study and spend time together, which can lead to the development of feelings for one another and the emergence of romantic relationships. The court stated that in cases where relationships are genuine and where individuals desire marriage or to cohabitate, they should not be prevented from doing so.