Guwahati, April 24: The Meghalaya High Court has signalled a more nuanced judicial approach to cases under the Protection of Children from Sexual Offences (POCSO) Act involving consensual adolescent relationships, holding that courts may, in appropriate circumstances, quash proceedings to prevent injustice.
In recent judgments, the court noted that such relationships are not uncommon in Meghalaya and are often socially recognised, sometimes culminating in marriage or family life. This, it observed, has led to a growing number of petitions seeking the quashing of POCSO cases.
“The ground realities in the State of Meghalaya cannot be ignored or lost sight of. There are high instances of adolescent consensual relationships culminating in elopement and early marriage or cohabitation as husband and wife, which are socially recognised,” the court said.
Highlighting the State’s matrilineal social structure, the bench observed that women enjoy relatively greater autonomy in choosing partners and participating in economic and social life, adding that these unique social dynamics must be factored into judicial decision-making.
However, the court made it clear that quashing of proceedings is not automatic and must be exercised with caution. Courts must carefully examine factors such as the parties’ ages, whether the relationship was genuinely consensual, whether the couple is married or living together, and whether they have a child.
The court also emphasised that the girl’s consent must be free and informed, and should be verified through an affidavit and, where necessary, independent confirmation by legal authorities.
Importantly, the bench underlined that while offences under POCSO are crimes against society, a mechanical or blind application of the law without considering ground realities could lead to injustice—particularly for the girl and any child involved.
“In cases where the couple is living as a family, sending the boy to jail may do more harm than good,” the court observed, stressing that justice must be guided by fairness, compassion, and practicality.
On the large number of POCSO cases, particularly “Romeo–Juliet cases,” the court said it is the responsibility of the State government to strengthen awareness of POCSO provisions, especially among youth and in rural areas.
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