Justice Jasmeet Singh“I believe that societal and legal views on adolescent love should emphasize the rights of young individuals to engage in romantic relationships that are free from exploitation and abuse,”
New Delhi: The Delhi High Court has emphasized that the legal system should adopt a compassionate approach when dealing with criminal cases involving adolescent love. The court stressed that “understanding” should be prioritized over “punishment,” and the law must evolve to recognize relationships between adolescents that are consensual and free from coercion.
ALSO READ: Andhra Pradesh High Court Acknowledges Complexity of Adolescent Love in Bail Decision
Justice Jasmeet Singh stated that consensual and respectful adolescent love is a natural part of human growth and development. He highlighted that young individuals should be allowed to express their emotions and build relationships without the fear of legal repercussions.
“I believe that societal and legal views on adolescent love should emphasize the rights of young individuals to engage in romantic relationships that are free from exploitation and abuse,”
the court observed.
In an order dated January 30, which was made public on February 14, the court acknowledged that love is a fundamental human experience, and adolescents should be given the right to form emotional connections. Justice Singh further elaborated:
“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.”
The High Court maintained that laws should focus on preventing exploitation rather than criminalizing love.
“While the legal age of consent is important for protecting minors, I feel that adolescents should be allowed to express their feelings and engage in relationships without fear of criminalisation,”
the order stated.
The judge reaffirmed that consensual adolescent love is a natural phenomenon:
“I affirm that consensual and respectful adolescent love is a natural part of human development.”
The High Court upheld the trial court’s verdict that acquitted a man accused under the Protection of Children from Sexual Offences (POCSO) Act for an alleged case of penetrative sexual assault.
ALSO READ: Gujarat High Court: Rejecting ‘Chalta Hai’ Approach in Affidavit Filings
Background
The case originated from an incident in December 2014 when the father of a minor girl lodged a police complaint, stating that his daughter had not returned home from her tuition class. The man in question was also missing from his home, which led to suspicions against him.
Following an investigation, the girl, who was approximately 16 years old at the time, was found and brought home. A case was subsequently registered against the man, accusing him of sexually assaulting the minor.
The High Court dismissed the state’s appeal against the trial court’s decision and upheld the acquittal. Justice Singh stated that the acquittal was based on sound legal reasoning and did not warrant interference.
“I am of the view that it has not been proved beyond reasonable doubt by the prosecution that the prosecutrix is a minor as well as the prosecutrix is certain that the relationship was with her consent,” the court ruled.
The judge referred to a previous ruling of the High Court, which established that if a girl above the age of 16 confirmed that she had consented to the relationship, the court had the authority to quash proceedings under Sections 363 (kidnapping) and 376 (rape) of the Indian Penal Code (IPC). However, the court cautioned that there could be no rigid, one-size-fits-all rule.
“Therefore, the age of majority as prescribed, must be construed and interpreted in the context of the law for which it is being considered and in a case of this nature, where the minor is certain and unshaken in her opinion and desire, it would not be right and proper for this court to brush aside her views on the ground that she is not 18 years of age as on date and is only 16 years, 10 months, 21 days old,” Justice Singh observed.
The court remarked that convicting an individual under the POCSO Act without conclusive proof of the prosecutrix’s age would be harsh and unfair, especially when the minor was only a year or two away from attaining legal adulthood.
“I advocate for a compassionate approach that prioritises understanding over punishment in cases involving adolescent love,” the judge stated.
The court also noted that the facts of the case clearly demonstrated that the girl willingly accompanied the man and that their physical relationship was consensual.
Further, the girl’s medical report did not support the prosecution’s case, as it did not indicate any signs of resistance during the sexual act.
FOLLOW US FOR MORE LEGAL UPDATES ON YOUTUBE
