Do not criminalise adolescents for expressing love: Delhi HC

NEW DELHI: Law should evolve to "acknowledge and respect" consensual relationships between adolescents and prioritise understanding over punishment in such cases, the Delhi high court said, upholding a trial court judgment acquitting a man of the alleged offence of penetrative sexual assault under the Pocso Act.
"I believe societal and legal views on adolescent love should focus on the rights of young individuals to engage in romantic relationships that are free from exploitation and abuse," Justice Jasmeet Singh said in a recent order. "Love is a fundamental human experience, and adolescents have the right to form emotional connections." The law should focus on preventing exploitation and abuse, rather than punishing love, he said.
Recognising the importance of the legal age of consent to protect minors, the court emphasised that adolescents should not be criminalised for expressing their feelings or engaging in relationships. The case stemmed from a complaint filed in Dec 2014 by the father of a girl who had not returned home from tuition. Suspicions were raised against the accused since he was also missing from his house.
An investigation was conducted, and the girl, who was around 16 at the time of the incident, was brought back home. A case was lodged against the accused 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 warrant any interference.
"I believe the prosecution failed to prove beyond reasonable doubt that the girl was a minor and that the relationship was not consensual," the court said. "The age of majority must be understood in the context of the law being applied. In cases like this, where the minor is certain and unwavering in her opinion and desire, it would not be appropriate for the court to disregard her views simply because she is not 18 years as on date, but 16 years, 10 months, and 21 days old."