Imagine, he’s 19, she’s 17. Their relationship is the stuff of high school romance: late-night conversations, shared dreams, and whispered promises. They fall in love, and in a moment of affection, they share an intimate act. A month later, on her 18th birthday, their relationship is a simple expression of love between two adults.
But a month before? Under the law, it’s a serious crime.
This isn’t a legal hypothetical. It’s the stark, heartbreaking reality unfolding in courtrooms across the country, where the Protection of Children from Sexual Offences (POCSO) Act, 2012, a law meant to protect the innocent, is now shattering the lives of young lovers.
The One-Month Abyss That Turns Love Into a Crime
The POCSO Act was designed to be a formidable shield against the most heinous acts of abuse, crafted to protect a six-year-old child from a ninety-year-old predator. Its power is unquestionable, but its application has created a legal labyrinth. The law sees a 19-year-old and a 17-year-old not as two people close in age, but as a predator and a victim. A single birthday becomes a chasm, turning a consensual act into a prosecutable offense.
This is a legislative landmine where the difference between a gesture of love and a serious crime is a mere number on a birth certificate. The law, in its rigid, one-size-fits-all approach, fails to distinguish between genuine sexual assault and a consensual, close-in-age relationship.
A Weapon Wielded in the Name of “Family Honor”
But the injustice doesn’t stop there. This law has been tragically weaponized. Its stringent provisions, meant to deter abusers, are now being used as a tool for personal vengeance. False charges are filed to settle old scores, to end relationships disapproved of by families, and to preserve a perceived sense of “honor.”
In a heartbreaking perversion of justice, the very law meant to be a child’s protector is being used as a punitive instrument against their own choices. The emotional fallout is devastating, leaving young lives in ruin, all in the name of familial reputation.
Are We Safeguarding Our Children, or Are We Criminalizing Growing Up?
The legal system must evolve. The time has come to distinguish between a predatory act and a consensual relationship between teenagers. A law that was meant to be a fortress for the most vulnerable should not be a cage for young lovers.
The question we must ask ourselves is simple: are we truly safeguarding our children, or are we unjustifiably punishing a natural part of growing up? It’s time for a more nuanced approach, one that ensures the law protects the innocent without criminalizing love.
Interpreting the Act’s Original Purpose
Several Courts have adopted a progressive and nuanced interpretation of the POCSO Act, often moving away from a strict, literal application that would criminalize consensual teenage criminaliseps. Both the Delhi High Court and the Madras High Court, in cases like Ajay Kumar v. State[1] and Vijayalakshmi v. State[2], have interpreted the Act’s founding principles as not intending to prosecute romantic, consensual relationships between adolescents.
This legal reasoning is further supported by the Madras High Court’s view that such consensual acts do not fulfill the legal requirement of ‘assault’ needed for the offense of ‘penetrative sexual assault’. In a similar vein, the Calcutta High Court, in Ranjit Rajbanshi v. State of West Bengal[3], has held that the Act defines ‘penetration’ as a unilateral act, suggesting it may not be applicable in cases of consensual intercourse where the act is not solely attributable to one person. Furthermore, courts have demonstrated a growing concern for the victim’s welfare, often quashing proceedings if they conclude that continuing the prosecution would cause more harm than good to the person the law was designed to protect.
Court- State v Nobody [2025]
The Telugu film Court- State v Nobody offers a powerful and realistic portrayal of the very issues being debated in courtrooms today. The movie skillfully captures the societal pressure of patriarchal families who place the burden of “honor” on young women and girls. It stands in stark contrast to conventional romantic narratives by exposing the grim reality of how a law, intended to curb sexual abuse, is often misused. The film effectively highlights the criticism raised by activists: that the POCSO Act can become a weapon in the hands of families seeking to punish consensual relationships and preserve what they perceive as their family’s reputation.[4]
A progressive stand
In the case of IN RE: RIGHT TO PRIVACY OF ADOLESCENTS[5], the judiciary took a progressive stance by acknowledging the complexities of a teenage relationship under the POCSO Act. The facts of the case reveal a significant gap in the legal system: while the incident was legally classified as a crime, the victim herself did not perceive it as such.
The court’s final report highlights that the victim’s trauma was not caused by the act itself, but by the subsequent involvement of the police and the legal system. She faced the emotional and financial burden of trying to protect the accused from punishment while also caring for her daughter. This case serves as a crucial eye-opener, as it reinforces the argument that the legal system’s rigid application of the POCSO Act can cause more harm to the victims than the act itself, especially in cases where the relationship was consensual.
The Need for a Balanced Approach
This isn’t a fight to forbid teenage intimacy; it’s a battle to empower young people to make informed, responsible decisions about their lives. To truly protect adolescents, we must stop viewing their sexuality as a problem to be controlled and start treating it as a part of their development that needs to be understood.
Demystifying Love: Binge watching
The first step is to pull the plug on the fantasy. Our movies and TV shows are the primary source of love and romance for young people, yet they consistently portray teenage intimacy as an uncontrollable, consequence-free tidal wave. We need to demand a new narrative—one that grounds love in reality. This means showing not just the passion, but the tough conversations, the emotional vulnerability, and the potential fallout. A responsible story isn’t about crushing dreams; it’s about building a roadmap for a healthier journey.
Education as a Weapon Against Ignorance
Sex education is not a suggestion; it’s a necessity. But we must redefine what that means. It’s not just a biology lesson about reproduction. It’s a masterclass in:
Consent: Understanding that a “yes” is not enough; it must be enthusiastic and ongoing.
Emotional Readiness: Teaching that true intimacy requires maturity and respect, not just physical desire.
Future Planning: Helping them see how early choices can impact their careers, their mental health, and their entire lives.
Sex education must be a compass, not a rulebook. It should give them the knowledge to navigate their own lives, so they don’t have to rely on guesswork or dangerous stereotypes.
A Safe Space for Dialogue
And here’s the final, and most vital, piece of the puzzle: a genuine, non-judgmental dialogue at home and in schools. For all the education and media reform in the world, it won’t matter if adolescents have nowhere to ask questions. We need to create environments where they feel safe enough to discuss their emotions, their curiosities, and their mistakes without fear of being shamed or punished. A silent home is a breeding ground for misunderstanding. The conversation about sex shouldn’t start after a legal offense; it should be part of a lifelong discussion about health, respect, and self-worth.
The goal isn’t to prevent young people from living. It’s to give them the wisdom to live fully, responsibly, and without regret.
Author: Advocate Nikhat Zabi, LL.M. Scholar
[1] 2022 SCC OnLine Del
[2] 2021 SCC OnLine Mad
[3] 2021 SCC OnLine Cal 2470
[4] https://www.thenewsminute.com/flix/court-this-telugu-film-sheds-light-on-a-critical-flaw-in-the-pocso-act
[5] 2025 INSC 778
Link to similar articles: https://jpassociates.co.in/child-custody-and-visitation-rights/
