Protection against misuse: on POCSO Act, adolescent sex
In a 2023 report, the Law Commission had said that it was against changing the age of consent. It advised 'guided judicial discretion' instead, while sentencing in cases that involve children between 16 and 18 years in a voluntary, consensual relationship. Under the POCSO Act and under several provisions of the Indian Penal Code and the BNS, whoever commits a penetrative sexual assault on a child — who is anyone below 18 years — can face stringent punishment under Section 6 of the POCSO Act, Section 9 of the Prohibition of Child Marriage Act, 2006, and provisions of the IPC and BNS. A 16-year-old is considered a 'child' under Section 2(d) of the POCSO Act and hence her consent does not matter. But caveats have to be put in place so that the broad intent of the law is adhered to, as the Madras High Court suggested in 2021, in Vijayalakshmi vs State Rep. The High Court said the age difference in consensual relationships should not be more than five years to ensure that a girl of an impressionable age is not taken advantage of by an older person. Educating adolescents about the law on sexual offences and its consequences is a must too. Criminalising normal adolescent behaviour is not the way to protect against non-consensual, exploitative sexual offences.
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Hindustan Times
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Time of India
an hour ago
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