MAINS Current Affairs includes SC Urges Union Government to Introduce a “Romeo–Juliet” Clause in POCSO Act & Article 6 of the Paris Agreement and India

Polity & Governance

1. SC Urges Union Government to Introduce a “Romeo–Juliet” Clause in POCSO Act

Context

The Supreme Court of India has expressed concern over the misuse of the POCSO Act in cases involving consensual adolescent relationships and has urged the Union Government to assess the feasibility of introducing a “Romeo–Juliet clause.”

Core Issue Highlighted by the Court

1. Criminalisation of Consensual Adolescence

• • Under present law, even when two minors engage in a consensual romantic relationship, POCSO provisions apply automatically if one is below 18 years, even by a day.

2. Harmful Impact of Criminal Process

• • Adolescents become entangled in the criminal justice system, facing police inquiry, arrest, trial, and potential incarceration, causing long-term psychological and social harm.

3. Misuse and Weaponisation of POCSO

• • The Court noted widespread weaponisation of the law against young couples.
  • Families often file POCSO charges to break relationships they oppose—especially inter-caste, inter-faith, or non-conforming ones.
  • Age is frequently misrepresented to invoke harsher provisions.

What is a Romeo–Juliet Clause?

• A legal exception used in the US and parts of Europe, inspired by Shakespeare’s young lovers.
• It does not lower the age of consent, but it protects close-in-age adolescents from criminal prosecution for consensual intimacy.
• The idea is to preserve child protection while recognising the realities of teenage relationships.

Limitations of the Romeo–Juliet Approach

• Any age-based carve-out only shifts the boundary without solving deeper issues.
• Creates complex questions:
• If 16–18-year-olds are exempt, what about those just under 16?
• On what principled basis does identical behaviour become criminal again?

About the POCSO Act, 2012

Purpose

• Enacted to safeguard children below 18 from sexual assault, sexual harassment, and pornography.

Gender-Neutral Framework

• A child is any person below 18, irrespective of gender.
• Applies to male and female victims and offenders.

Categorisation of Offences

• Covers penetrative and non-penetrative assault, sexual harassment, and aggravated offences.
• Provides for stringent punishments, including long-term imprisonment and life sentences.

Special Courts & Child-Friendly Procedures

• Establishes Special Courts for speedy, in-camera trials.
• Ensures:
• Protection from hostile questioning
• No exposure to the accused
• Compensation and rehabilitation

Environment

2. Article 6 of the Paris Agreement and India

Context

• At COP29, carbon markets under Article 6 (A6) of the Paris Agreement were made fully operational, strengthening the efficiency and delivery of climate finance.
• Earlier, India operationalised Article 6.2 by signing the Joint Crediting Mechanism (JCM), marking its formal entry into international carbon market cooperation.

What is Article 6 of the Paris Agreement?

• Article 6 establishes a framework for voluntary cooperation among countries to achieve their Nationally Determined Contributions (NDCs) through market-based mechanisms.

Key Pathways under Article 6

• Article 6.2 – Cooperative Approaches
• Allows bilateral and plurilateral cooperation.
• Enables trading of emission reductions known as Internationally Transferred Mitigation Outcomes (ITMOs).
• Article 6.4 – Paris Agreement Crediting Mechanism (PACM)
• Creates a centralised crediting mechanism.
• Evolved from the Clean Development Mechanism (CDM).
• Focuses on validation and verification of emission-reduction projects.
• Accounting Safeguards
• Robust rules to prevent double counting.
• Ensure transparency and environmental integrity.

India and the Joint Crediting Mechanism (JCM)

• India’s JCM partnership with Japan represents the operationalisation of Article 6.2.
• The framework supports:
  • Emission reductions for Japan
  • Technology transfer and climate finance for India
  • It facilitates adoption of advanced low-carbon industrial technologies.

India’s Identified Eligible Activities (13 Areas)

• Renewable energy with storage and offshore wind
• Green hydrogen and compressed bio-gas
• Sustainable aviation fuel and fuel-cell mobility
• High-end energy efficiency solutions
• Carbon Capture, Utilisation and Storage (CCUS)
• These priorities reflect strategic alignment between India’s growth objectives and long-term decarbonisation, especially in steel, cement, and power sectors.

Key Policy Priorities for India

1. Strengthen Domestic Carbon Governance

• • The Designated National Authority (DNA) must establish:
  • Clear procedures for issuing Letters of Authorisation (LoAs)
  • Systems for corresponding adjustments
  • A robust legal and regulatory framework for carbon trading

2. Streamline Project Approvals

• Creation of:
  • Cabinet-level steering committee
  • Single-window clearance mechanism
  • Presently, voluntary carbon projects take over 1,600 days for registration—four times slower than regional peers.

3. Develop a Domestic Carbon Removals Market

• • Rising global demand offers India an opportunity to supply high-quality removal credits through:
  • Biochar
  • Enhanced rock weathering
  • Afforestation-based projects

4. Promote South–South Collaboration

• • India can leverage leadership in:
  • International Solar Alliance (ISA)
  • Clean Energy Ministerial (CEM)
  • BASIC
  • Facilitate knowledge exchange, co-investment, and shared platforms among developing countries.

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