The Supreme Court has asserted that love is not a crime and should not be treated as such. The court further clarified that young individuals involved in genuine relationships, even if they are not yet of legal age, should not be interfered with. This stance was articulated by a bench comprising Justices B.V. Nagarathna and R. Mahadevan while addressing petitions that sought guidelines to prevent the misuse of the POCSO Act in instances of consensual relationships involving minors.
The court rejected the petitions filed by the National Commission for Protection of Child Rights (NCPCR) and the National Commission for Women (NCW), which challenged the decisions of the Punjab and Haryana High Court that validated marriages of Muslim girls who had reached puberty. The bench held that these commissions lacked the legal standing (locus standi) to intervene in such cases. The court found it peculiar that the NCPCR, whose primary responsibility is the protection of children, would challenge an order that safeguarded the interests of two children. The court advocated for allowing such couples to be.
Concerning the POCSO Act, the court emphasized its significance in safeguarding children from sexual abuse, but also pointed out the need to differentiate between exploitation and criminal conduct, and authentic romantic relationships among adolescents. Justice Nagarathna raised the question of whether love itself could be considered a crime, warning that prosecuting teenagers involved in consensual relationships could inflict deep and enduring harm.
Senior advocate H.S. Phoolka, representing the petitioner NGO Bachpan Bachao Andolan (BBA), argued for the establishment of safeguards to prevent the misuse of leniency in such cases. He suggested that if minors are in relationships, the age gap should be limited to a maximum of three years.
However, the Supreme Court bench firmly stated that each case must be examined on its own merits. The court remarked that it is necessary to consider each case individually. Why do you want to prosecute everyone? Every case is unique, and the police must conduct investigations, apply their minds, and identify the genuine cases that warrant prosecution.
The bench also noted that the POCSO Act is often misused by the parents of the girls. When daughters elope and get married or enter into relationships, parents file cases in the name of saving honor. The court said that if we start considering every such case as a crime, then cases of honor killing will increase. The court also said, think, how big a shock it is when a boy is put in jail or has to face trial, while his relationship with the girl is with mutual consent and the girl is on the verge of becoming an adult. We have to keep in mind the reality of the society.