The Supreme Court has declared that love is not a crime and cannot be criminalized. The court emphasized that young individuals in genuine relationships, even if they are slightly below the legal age of majority, should be left alone. Justices B.V. Nagarathna and R. Mahadevan made these observations while hearing petitions seeking guidelines to prevent the misuse of the Protection of Children from Sexual Offences (POCSO) Act in cases of consensual relationships involving minors.
The court dismissed petitions from the National Commission for Protection of Child Rights (NCPCR) and the National Commission for Women (NCW), which challenged decisions by the Punjab and Haryana High Court that recognized the validity of marriages of Muslim girls after they attain puberty. The bench stated that these commissions lacked locus standi in such cases. The court remarked that it was strange that the NCPCR, whose job is to protect children, had challenged an order that protected two children. The court urged that such couples should be left alone.
The court acknowledged that the POCSO Act is a crucial tool for protecting children from sexual abuse, but stressed the importance of distinguishing between exploitation and criminal behavior, and genuine romantic relationships among adolescents. Justice Nagarathna questioned whether love could be considered a crime, cautioning that prosecuting adolescents in consensual relationships could leave deep and lasting scars on their lives.
The court noted that the POCSO Act is often misused by parents. When daughters elope and enter into relationships or marriages, parents file cases to protect their honor. The court stated that if every such case were treated as a crime, honor killings would increase. The court highlighted the trauma a young man faces when incarcerated or prosecuted for a consensual relationship, especially when the girl is on the verge of adulthood. The bench emphasized the need to consider the realities of society.
The bench also considered the social realities of adolescence, stating that boys and girls study together and spend time together, leading to feelings for each other and the formation of romantic relationships. Where the relationships are genuine, and where they want to marry or live together, they should not be stopped.
