Delhi HC advocates for compassionate approach for adolescent love, says law must evolve

New Delhi: The Delhi High Court has advocated for a compassionate approach prioritising "understanding" over "punishment" in criminal cases involving adolescent love, saying the law should evolve to acknowledge such relationships that were consensual and free from coercion.

Affirming that consensual and respectful adolescent love was a natural part of human development, Justice Jasmeet Singh said adolescents should be allowed to express their feelings and engage in relationships without fear of criminalisation.

"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," said the court.

In an order passed on January 30 and made available on February 14, the judge said, "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 said the focus of the law should be on preventing exploitation and abuse rather than punishing 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," it added.

The order went on to add, "I affirm that consensual and respectful adolescent love is a natural part of human development." The high court therefore upheld a trial court judgement acquitting a man for the alleged offence of penetrative sexual assault under the Protection of Children from Sexual Offences Act.

In December 2014, a complaint was lodged with the police by the girl's father that his minor daughter had not returned home from tuition. An apprehension was raised against the man since he was also missing from his house.

Investigation was conducted and the girl, who was around 16 years of age at the time of the incident, was brought back home, while a case was lodged against the man for allegedly sexually assaulting the minor.

The high court, while upholding the man's acquittal and dismissing the state's plea against the trial court's decision, said the acquittal order was well reasoned and did not require any 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," held the court.

The judge relied on a previous judgement of the high court dealing with the proposition that when a girl over 16 years, made a statement that she had consented to the relationship and it could be accepted, the court was within its power in quashing the proceedings under Sections 363 and 376 of IPC.

The high court had cautioned that there could be no straitjacket formula to be applied.

"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 said.

The court observed that it would be harsh and unjust to convict an individual under the POCSO Act without definitive proof of the age of the prosecutrix, especially when the age gap for the minor survivor to attain majority was only one or two years.

The court said the legal system must safeguard the rights of young individuals to love while ensuring their safety and well-being.

"I advocate for a compassionate approach that prioritises understanding over punishment in cases involving adolescent love," the judge said.

Facts of the case "clearly" indicated to the court that the girl's willingness to accompany the man and he established physical relations with her consent.

The court held the girl's medical report did not support the prosecution's case in the absence of injuries of resistance to the sexual act.