❀Delhi High Court has called for a compassionate and progressive shift in the legal treatment of adolescent love. Emphasising “understanding” over “punishment,” Justice Jasmeet Singh urged that the law should evolve to recognise and respect consensual, non-coercive relationships between adolescents.
👍Delivered on January 30 and made available on February 14, the court's ruling reflects a growing recognition that adolescent love, when it is consensual and free from exploitation, should not be criminalised. Justice Singh underscored that “love is a fundamental human experience, and adolescents have the right to form emotional connections.”
ܫThe court’s comments stress that while protecting minors from exploitation and abuse is paramount, the legal system should not penalise consensual romantic relationships. “The focus of the law should be on preventing exploitation and abuse rather than punishing love,” the court stated, echoing sentiments that romantic relationships among adolescents should not automatically result in criminal consequences if they are not based on coercion or manipulation.
Justice Singh’s remarks mark a significant step towards shifting societal and legal views on adolescent love. “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,” Bar and Bench quoted Justice Singh.
ﷺHe further called for an environment where young people can express their emotions without fear of legal repercussions.
༒The ruling came on a case that involved a man who had been acquitted by a trial court of charges under the Protection of Children from Sexual Offences (POCSO) Act for allegedly sexually assaulting a 16-year-old girl. The complaint, filed by the girl's father in December 2014, reported that the girl had gone missing after attending tuition, with the man suspected of involvement. The girl was found and returned home, but the man faced charges of sexual assault.
After reviewing the trial court’s acquittal, the high court ༺upheld the decision, dismissing the state's appeal. Justice Singh emphasised that there was insufficient evidence to establish beyond reasonable doubt that the girl was a minor or that the relationship lacked consent. “The girl’s willingness to accompany the man and her unequivocal statement that she consented to the relationship were central to the case,” the judge said.
The ruling also cited previous cases where the court had allowed the views of minors, particularly girls aged 16 or older, to be considered in relation to their consent in relationships. “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,” Bar and Bench ꦿquoted Justice Singh who stressed that the age of majority should be interpreted contextually.
🗹Moreover, the court found that the girl’s medical report did not support the prosecution's case, as there were no signs of injury or resistance, reinforcing the assertion that the relationship was consensual.
🃏“I advocate for a compassionate approach that prioritizes understanding over punishment in cases involving adolescent love,” Justice Singh concluded.
🗹This decision sets a precedent for future cases and could mark a turning point in how the legal system approaches adolescent romantic relationships.
