Latest news with #Phoolka
Time of India
10 hours ago
- Time of India
'Is it criminal to love?' SC calls for distinction between genuine romance among teens & Pocso offences
The Supreme Court on Tuesday stressed the importance of drawing a clear line between instances of rape and genuine romantic relationships involving young people on the cusp of adulthood. A bench of Justices B V Nagarathna and R Mahadevan observed that in today's world of co-educational institutions and universities, it is natural for youngsters to develop feelings for each other. "Now, they develop feelings for each other. Can you say it is criminal to love? We have to keep a distinction between a criminal act like rape, etc., from this," the bench said. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Top 15 Most Beautiful Women in the World Undo "When there are genuine romantic cases, they like each other and they want to get married... Don't treat such cases the same as criminal cases," the bench added. The observations came during a hearing on a petition questioning whether the age of consent under the Protection of Children from Sexual Offences (POCSO) Act — currently fixed at 18 years — should be lowered to 16. Live Events Romantic cases vs criminal charges The bench noted that when two adolescents are in a consensual relationship and wish to marry, treating such instances as criminal offences can be unjust. 'Don't equate genuine love with crime. We must keep in mind the realities of society,' Justice Nagarathna said. The court also noted the hardships faced by young couples, particularly in cases where the girl's parents lodge complaints under POCSO, resulting in the male partner being jailed. 'This is the harsh reality. Many such cases are filed to cover up elopements,' the bench pointed out. Senior advocate H S Phoolka, representing the petitioner organisation, urged the court to consider safeguards in such situations. The judges responded that it was for the police to determine whether a case involved kidnapping, trafficking, or a consensual relationship. Phoolka further informed the court that another bench was already examining the broader issue of age of consent. The matter has now been listed for August 26, with Phoolka expected to place on record previous apex court rulings on similar concerns. Centre's stance on age of consent The Union government has consistently defended the existing threshold of 18 years, describing it as a 'deliberate, well-considered, and coherent' policy intended to protect minors from exploitation. In its submissions in a related case, the Centre argued that reducing the age of consent or carving out exceptions for adolescent romance would not only be legally untenable but could also open dangerous loopholes for misuse. (With PTI inputs)
The Wire
11 hours ago
- Politics
- The Wire
'Can You Say it is Criminal to Love?' Says SC While Hearing Petition on Lowering Age of Consent
The apex court's observations came while it was hearing a petition that raised the question whether or not the age of consent, which is 18 years, should be reduced to 16 under the Protection of Children from Sexual Offences (POCSO) Act. New Delhi: The Supreme Court on Tuesday (August 19) said that there is a need to distinguish between rape and genuine romantic cases involving youngsters on the cusp of majority. "Now, they develop feelings for each other. Can you say it is criminal to love? We have to keep a distinction between a criminal act like rape, etc., from this," said a bench of Justices B.V. Nagarathna and R. Mahadevan, noting the existence of co-education institutions and universities, reported Press Trust of India. The apex court's observations came while it was hearing a petition that raised the question whether or not the age of consent, which is 18 years, should be reduced to 16 under the Protection of Children from Sexual Offences (POCSO) Act. "When there are genuine romantic cases, they like each other and they want to get married... Don't treat such cases the same as criminal cases, You have to keep the reality of society in mind,' said the court. The court also referred to the trauma such couples face, mostly because of the male partner being sent to jail by the parents of the girl after filing a case under the POCSO Act. "This is the harsh reality in society," the bench said, noting cases under the POCSO Act were also filed to cover up elopements. Senior advocate H.S. Phoolka, who appeared for the petitioner organisation, called for safeguard and said that a similar issue concerning the age of consent was being considered by another bench of the apex court, reported PTI. The court said that the police would look into the matters to ascertain whether it was a case of kidnapping, trafficking or whether it was a case of genuine love. After Phoolka said he would place on record some top court orders in the context of the prayers sought for in the petition, the bench posted the matter for August 26. Earlier, the Union government had defended in the apex court the statutory age of consent of 18 years, saying the decision was a "deliberate, well-considered, and coherent" policy choice aimed at shielding minors from sexual exploitation. It had said that diluting the age of consent or introducing exceptions under the guise of adolescent romance would be not only legally unsound but also dangerous. This article went live on August twentieth, two thousand twenty five, at twenty-two minutes past twelve at noon. The Wire is now on WhatsApp. Follow our channel for sharp analysis and opinions on the latest developments. Advertisement
Hindustan Times
a day ago
- Politics
- Hindustan Times
'Can you say it's criminal to love?': SC bats for distinction of rape from 'genuine' romance
The Supreme Court on Tuesday underlined the need to distinguish between rape and genuine romantic cases involving youngsters on the verge of majority. The bench observed that the police would look into the matters to ascertain whether it was a case of kidnapping, trafficking or whether it was a case of genuine love.(ANI) A bench of Justices B V Nagarathna and R Mahadevan noted the existence of co-education institutions and universities and said, "Now, they develop feelings for each other. Can you say it is criminal to love? We have to keep a distinction between a criminal act like rape, etc., from this." The observations came on a petition raising the question whether or not the age of consent, which is 18 years, should be reduced to 16 under the Protection of Children from Sexual Offences (POCSO) Act. "When there are genuine romantic cases, they like each other and they want to get married... Don't treat such cases the same as criminal cases," the bench said. The bench went on, "You have to keep the reality of society in mind." The top court referred to the trauma such couples face, generally owing to the male partner being sent to jail by the parents of the girl after filing a case under the POCSO Act. "This is the harsh reality in society," the bench said, noting cases under the POCSO Act were also filed to cover up elopements. Senior advocate H S Phoolka, appearing for the petitioner organisation, called for safeguards. The bench observed that the police would look into the matters to ascertain whether it was a case of kidnapping, trafficking or whether it was a case of genuine love. Phoolka said a similar issue concerning the age of consent was being considered by another bench of the apex court. The bench posted the matter for August 26 after Phoolka said he would place on record some top court orders in the context of the prayers sought for in the petition. Recently, the Centre defended in the apex court the statutory age of consent of 18 years, saying the decision was a "deliberate, well-considered, and coherent" policy choice aimed at shielding minors from sexual exploitation. The Centre said diluting the age of consent or introducing exceptions under the guise of adolescent romance would be not only legally unsound but also dangerous. The written submissions was filed in a separate case which raises the point of age in adolescent relationships.
