The Supreme Court of India has requested a response from the Centre regarding a Public Interest Litigation (PIL) aimed at altering the legal stance on consensual teenage sexual relationships. Currently, the law, colloquially known as the Romeo-Juliet law, deems sexual intercourse with an individual below 18 years of age as statutory rape.

Recognizing the growing number of adolescents and young adults facing legal consequences for consensual sexual activities, various states have introduced Romeo and Juliet laws as a legal safeguard in such scenarios.

These laws afford some level of protection to individuals accused of violating statutory rape laws when the minor involved has willingly consented to the sexual encounter and the age gap between the minor and the accused remains within certain limits (typically set at three years in many states).

What do lawmakers say about Romeo-Juliet law?

There is a growing argument suggesting a potential redefinition of the term “Child” in Section 2(d). It is for Protection of Children from Sexual Offences (POCSO) Act to lower the age from 18 to 16.

Lawmakers propose that any consensual sexual activity or related acts occurring after the age of 16 should not be subject to the stringent provisions of the POCSO Act.

Instead, they suggest the introduction of more lenient legal provisions within the Act. This is to differentiate between cases involving teenage relationships after 16 years of age. In addition, it includes sexual assault cases involving children below the age of 16.

The recent PIL, filed by lawyer Harsh Vibhore Singhal in his personal capacity, has captured the attention of a bench. It comprises Chief Justice D Y Chandrachud and justices J B Pardiwala and Manoj Misra.

The bench has issued notices to various Union ministries regarding Romeo-Juliet law. This includes law and justice and home affairs, as well as other relevant statutory bodies.

The plea calls for the issuance of a writ of mandamus under Article 32 or a similar directive. This is to utilize the powers under Article 142 to decriminalize statutory rape laws. This is for all instances of voluntary consensual sexual interactions between adolescents aged 16 to below 18. It also holds individuals over the age of 18.

This move aims to address the ongoing legal complexities surrounding consensual relationships involving teenagers and young adults.