Published on: 06th December 2025
Authored by: Madhura Vijay Saunkhe
Student at Sri Balaji School of Law, Pune
ABSTRACT
Teenage love is a natural part of human development. It is an expression of curiosity, attraction, and emotional growth. Yet, in India, the law often treats it as a crime, under the Protection of Children from Sexual Offences (POSCO) Act, 2012, any physical relationship involving a person below eighteen years of age is considered statutory rape, even if it is consensual. So even if a 17-year-old girl willingly has a relationship with 19-year-old boy, it is still a punishable offence under POSCO. This strict interpretation has resulted in a growing number of cases where young couples are criminalized for acts driven my mutual affection rather than exploitation. The conflict between the biological maturity of adolescence and the legal definition of childhood raises complex ethical, social, and legal questions. Through this article, an attempt is made to analyze how Indian courts have approached such “teenage love cases”, balancing protection with compassion. It also explores the misuse of law by parents and the urgent need to differentiate between consensual adolescent relationships and genuine sexual abuse. The article concludes that adolescent love should be understood through a reformative and educational lens, not a punitive one, calling for greater sensitivity and legal maturity in addressing this delicate issue.
INTRODUCTION
We often say that Love does not have age, but law certainly believes it does. In India Hundreds of young couples find themselves trapped between affection and accusation, their innocent teenage love stories turning into police cases and court trials. Love during adolescence is natural, yet under Indian law, it can make one a convict. In India relation after 18 years is lawful, but what happens to 17-year-old in consensual relationship? The POCSO Act, 2012 is mean to protect minors from sexual harassment and abuse, however courts are full with cases where teenagers are in consensual relationship and for this they being penalized under the law enacted to protect them. According to Indian Society, teenage love is considered immoral or illegal, but why, just because they are under 18? It is believed that teenagers are mature enough to understand many things at the age, so when they fall in love by their own choice, why are they given such harsh punishment for it? When the line between protection and punishment blurs, who truly protects the innocence of
youth?
This article aims to examine how Indian law, particularly the POCSO Act, treats adolescent love, how courts interpret such cases, and whether there is a need for legal reform to distinguish between abuse and affection.
Understanding Adolescence
An Adolescent is a person between the ages of 10 and 19,1 it is a period defined by rapid physical, psychological, and social development as individual transforms from childhood to adulthood.
2.1 Physical and Hormonal Changes: As children grow into teenagers, their bodies go through various changes, which includes physical as well as hormonal changes. The main hormone responsible for attraction towards opposite gender and sexual desire in teenagers is kisspeptin. This hormone is mainly activated during puberty and it is responsible for both attraction and sexual behavior.2 Such changes are natural and biological processes, not signs of immorality or disobedience.
2.2 Emotional and Psychological development: After puberty hits, teenagers begin forming their own identity and independence. They seek emotional connection and belonging, often through friendships and romantic feelings. Attraction or love during this age is usually innocent, exploratory, and emotionally genuine. Their decisions may be emotionally driven due to developing prefrontal cortex (the brain area for reasoning).
2.3 Social Influence and Peer Connection: Peer groups play a major role in shaping opinions and feelings. Social media and movies also influence how teenagers perceive love and relationships.4 The need for acceptance sometimes makes them emotionally vulnerable. Thus, Teenage love is natural stage of growing and emotional evolution, not a crime or
rebellion.
Social and Ethical Dimensions
Indian Society views teenage love as immoral or shameful. Children often do not share about their relationships with their parents out of fear, and in the end, they sometimes take wrong or extreme steps. Behind this lies the mindset of Indian society, which believes that suchchildren are spoiled and irresponsible. Parents often file cases against the boy to save their family honor. The fear of parent’s
reactions and such strict laws leads to secrecy and mental health issues among teens.
How POSCO Criminalizes Teenage love?
According to this Act, child means any person below the age of 18 years. The main purpose of this act is to protect child from sexual assault and sexual abuse. Even a consensual act between minors or with a minor become punishable offence under this Act. The law doesn’t distinguish between consensual acts and sexual assault in is initial application. Therefore, any sexual activity between two people, where one or both are under 18, falls under the purview of the POCSO Act.
” Innocent until forgotten: How India’s POSCO Act is criminalizing young love” By Shrey Kuldeep Brahmbhatt, The Leaflet.
Many teenage boys have been arrested and prosecuted under POCSO even when the relationship was mutual and consensual. Families, especially the girl’s parents, often file cases under POCSO when they disapprove of the relationship, turning a love story into a criminal case. The boy is labelled an “accused of rape” and the girl becomes a “victim”, even if she gave consent. This leads to mental trauma, social stigma, and loss of education for both.
In the case of Independent Thought v. Union of India,7 The Court held that sexual intercourse with a minor wife under 18 constitutes rape, effectively abolishing the marital rape exception for minors and aligning the age of consent for marriage and sexual activity. Similarly, in the case of Re: Right to privacy of Adolescents (2025)8 The Supreme Court addressed the case of 14-year-old girl in a relationship with a 25-year-old man in West Bengal. The Calcutta High Court had earlier reversed the man’s conviction based on the couple’s consensual relationship and the social stigma faced by the girl. The Supreme Court resorted the man’s conviction but used its special powers under Article 142 to suspend his 20-year sentence, acknowledging the systemic failures that harmed the minors. The court criticized the Calcutta High Court’s “objectionable comments” about adolescent’s sexuality directed the central government to consider decriminalizing consensual adolescent relationships. In its pursuit to protect minors, the POCSO Act often ends up criminalizing innocent adolescent relationships. By treating every sexual act under 18 as an offence, it fails to distinguish between exploitation and mutual affection. As a result, many teenagers face legal action, stigma, and trauma for what is essentially a part of growing up.
Judicial Interpretation
Judicial interpretation regarding consensual relationships with minors is complex and inconsistent, largely due to POCSO Act, which sets the age of consent at 18 and does not recognize the consent of a minor. This creates a legal “grey area”, where courts struggle with how to handle situations involving two minors or a minor and an adult, as law currently treats any sexual relationship with someone under 18 as a criminal offence. Some courts have adopted a rigid, formalistic approach, while others have recognized the need for a more nuanced interpretation that considers individual circumstances, though this remains a point of ongoing debate.
5.1 In the case of Sabari @ Sabarinathan @ Sabarivasan v. The Inspector of Police (2019), the Madras High Court emphasized that the POCSO Act should not be used to criminalized consensual relationships between adolescents. The Court overserved that
many cases under the POCSO Act arise out of teenage love affairs and suggested that the definition of a ‘child’ under the Act should reconsidered, possibly lowering the age limit from 18 to 16 years for consensual acts. This case became an important precedent highlighting the need to balance child protection with the realities of adolescent behavior.
5.2 In Imran Iqbal Shaikh v. State of Maharashtra, the Bombay High Court observed that the POSCO Act was enacted to protect children from sexual exploitation, not to punish young individuals involved in consensual romantic relationships. The Court noted that both the accused, a 22-year-old, and the victim, a minor girl, appeared to have shared a consensual relationship. Justice Anuja Prabhudessai remarked that the object of the POCSO Act “is certainly not to punish minors in romantic or consensual relationships and brand them as criminals.” The Court granted bail to the accused, emphasizing that prolonged detention could expose him to hardened criminals and harm his future prospects.
5.3 In State of Madhya Pradesh v. Anoop Singh, the High Court presumed that the victim had consented to the act. However, the Supreme Court held that even if consent was present, it was legally invalid since the girl was below 18 years of age. A minor’s consent has no legal recognition in such offences, therefore, the act amounted to rape under the law.
Judicial Interpretation under the POCSO Act show a conflict between strict legal protection and the realities of adolescent relationships. While the law does not recognize consent of minors, courts have sometimes granted relief in consensual cases, emphasizing fairness and individual circumstances. These judgments highlight the need to balance child protection
with the practical understanding of teenage behavior.
Impact on Youth and Their Future
Adolescent love, when criminalized or harshly judged, can have profound emotional, psychological, and social consequences on young individuals, shaping their personal development and future relationships.
6.1 Emotional Distress: When young people are forced to face legal or social scrutiny for their relationships, it often leads to deep emotional pain. Anxiety, depression, and feelings of guilt or shame can become part of their daily life, affecting their ability to enjoy childhood and adolescence.
6.2 Broken Education: Many teenagers are unable to focus on studies when their love life becomes a source of conflict or legal trouble. School performance suffers, and some even drop out due to pressure or social stigma, which can affect their long- term career opportunities.
6.3 Boys Face Social Labelling as offenders: In cases involving adolescent relationships, boys are often immediately branded as criminals or offenders, even if the relationship was mutual. This social labeling can harm their reputation, friendships, and future prospects, leaving lasting scars.
6.4 Girls face victim blaming: Girls involved in adolescent love often face harsh judgment from family and society. Instead of being supported, they are blamed for the relationship, shamed publicly, or pressured into corrective measures like early marriage, which impacts their autonomy and mental health.
6.5 Marriage pressure: Families sometimes try to resolve adolescent love affairs through forced marriage. This pressure can rob young people choice, create stress, and lead to unhappy unions, affecting both personal growth and future stability.
Criminalizing adolescent love often harms young people more than it protects them. Emotional distress, social stigma, and educational setbacks can shape their future negatively. Instead of punishment, guidance and understanding are needed. Society must support youth in making responsible choices while respecting their feelings.
Need for legal Reform and awareness
After studying the legal provisions and its consequences on teenager, now it’s time to suggest reformative measures.
7.1 Focus on Education and Awareness: Instead of strictly punishing teenagers for consensual relationships, the focus should be on educating them about consent, healthy relationships, and the legal boundaries. Schools and communities can play a key role in guiding adolescents to make informed and responsible decisions.
7.2 Psychological and Social Support: – Teenagers involved in relationships should have access to counseling and support rather than facing social stigma or legal harassment. Emotional guidance can help them cope with stress, avoid depression, and maintain their mental well-being.
7.3 Balanced Legal Approach: – Laws like POCSO Act are necessary to protect children from abuse, but they should not criminalize genuine consensual relationships between teenagers.
7.4 Parental and Community Engagement: – Families and society should adopt a supportive approach rather than imposing shame or pressure. Encouraging open communication between parents and teenagers can reduce conflicts, protect adolescent’s rights, and guide them toward responsible choices.
7.5 Awareness Campaigns: – Widespread awareness campaigns through schools, media, and online platforms can inform both parents and teenagers about legal rights, emotional well-being, and the consequences of criminalizing adolescent love. Knowledge is key to preventing both exploitation and undue punishment.
A combination of education, support, and legal reform is essential to ensure that adolescents are protected from abuse while also being allowed to explore their relationships safely. Laws should safeguard children without unnecessarily harming their emotional development or future.
CONCLUSION
Adolescent love is not a crime, it is phase of emotional growth, curiosity, and learning. However, the rigid interpretation of laws like the POCSO Act often turns this natural human experience into a legal battle. By criminalizing consensual teenage relationships, we risk destroying young lives in the name of protection. The law must evolve to distinguish between genuine abuse and mutual affection.
What adolescents need is guidance, not punishment; understanding, not judgement. A reformative and educational approach can help them make informed decisions while preserving their dignity and mental well-being. Society, parents, and the legal system must work together to create an environment where young people can understand love responsibly, without fear of being treated as criminals. In the end, protecting adolescence should mean nurturing it, not punishing it.
BIBLIOGRAPHY
1) STATUES
a) Protection of Children from Sexual Offences Act, 2012
2) CASE LAWS
a) Independent Thought V. Union of India (2017) 10 SCC 800
b) Re: Right to Privacy of Adolescents (2025) SCC OnLine SC 1425
c) Sabari @ Sabarinathan @ Sabarivasan V. The Inspector of Police (2019) SCC OnLine
Mad 9189
d) Imran Iqbal Shaikh V. State of Maharashtra (2023) SCC OnLine Bom 978.
e) State of Madhya Pradesh V. Anoop Singh (2010) 10 SCC 259
3) RESEARCH PAPERS AND ARTICLES
a) Kisspeptin Signaling and its role in human, by Dr. Tng Eng Loon.
b) Sonia Livingstone and Alicia Blum-Ross, parenting for a digital future: How hopes and
fears about Technology shape children’s lives.
c) Innocent Until Forgotten: – How India’s POCSO Act is criminalizing young Love, by
Shrey Kuldeep Brahmbhatt.
4) REPORTS
a) Laurence Steinberg, A social Neuroscience perspective on Adolescent Risk taking (2008)
25 Development Review 78.
5) INTERNATIONAL ORGANISATIONS
a) World Health Organization (WHO).
