Can't quash consensual POCSO cases until government clears stand on adolescent love: Bombay High Court

The Bombay High Court at Aurangabad recently observed that it will not be appropriate to quash cases under the Protection of Children from Sexual Offences Act (POCSO Act) involving consensual sex with a minor girl until the Central government makes its stand clear on whether such relationships should be decriminalized [Aakash Nanasaheb Waghmare v State of Maharashtra].A Bench of Justice Vibha Kankanwadi and Justice Sanjay Deshmukh made the observation while hearing a case involving a 27-year-old man accused of sexually assaulting a 17-year-old girl.The accused claimed that it was a case of consensual relationship. “If the Courts start accepting that a fairly major boy of age 25 years on-wards takes such step of taking away the girl who is a minor and then now comes with the defence of adolescent love, then it will not be good sign from the legal point of view, because particular acts are legislated with certain aims and objects. Now unless the things are clarified by the Central Government upon directions of the Hon’ble Supreme Court, we should not consider such cases (we are carving out those cases wherein both the parties are adolescent and innocent),” the Court said.The Court made the observation in the context of a recent order of the apex court in 'Re Right to Privacy of Adolescents', wherein the top court had shown concern regarding criminalization of consensual adolescent relationships under POCSO Act. On May 23, the Supreme Court had asked the Central government to consider decriminalizing consensual romantic relationships between teenagers. It had also directed the Centre to examine the recommendations made by the Amicus Curiae and to consider implementing a national sex education policy based on their report..The High Court noted that the Centre has not yet responded and said it will wait for that clarification before making exceptions.In the present case, a police report had been filed in January this year after hospital authorities reported that a minor girl had given birth to a child. The girl, who was 17 years and 6 months old at the time, said she had a romantic relationship with the man and they had run away to get married at a temple in 2023 without their parents' consent. After living together, she became pregnant and returned to her parents’ home to deliver the baby..The man approached the High Court to quash the police case against him, saying the girl had willingly entered into the relationship. The girl herself supported his assertion, saying in a written statement that she had no complaint against the man and that pursuing the case would only hurt her and her daughter’s future. However, the High Court refused to quash the case after noting the age gap. “The fact which cannot be brushed aside is that the applicant was around 26 years of age at the time of alleged marriage. At least he ought to have understood that he should wait till the girl attains 18 years of age. Then in spite of having knowledge that the girl is minor, when he takes her away from the legal custody of her parents, from that point itself he commits the offence,” the Court said.It also raised broader concerns about child marriage and teenage pregnancy. It cited a local news report stating that in 2024 alone, 453 pregnant minor girls were involved in child marriages in Aurangabad district. .Advocate Dhananjay M Shinde appeared for the accused.Additional Public Prosecutor VK Kotecha appeared for the State. Advocate Narayan Y Chavan appeared for the victim..[Read Order]