Should The Age Of Consent Be Revised In India?

Relevance: GS2 - Government policies and interventions; Issues related to children; Mechanisms, laws, institutions and Bodies constituted for the protection and betterment of vulnerable sections.

(Source: The Hindu, 08/04/2023)

Click here for Daily Current Affairs

Why in the news?

• During a recent appeal hearing, where a man was sentenced to 10 years in prison for being in a consensual relationship with a minor girl, the Bombay High Court advocated for a reevaluation of India's age of consent for sexual activities.
• The court highlighted that the enforcement of the Protection of Children from Sexual Offences (POCSO) Act in 2012 has led to the prosecution of numerous adolescents engaged in consensual relationships with minor girls.
• This has prompted the court to suggest a reconsideration of the age at which individuals can engage in such relationships.

What are the terms and consent of the POCSO Act?

• Under the POCSO Act, 2012, whoever commits a penetrative sexual assault on a child i.e, anyone below 18 years of age can be “imprisoned for a term which is not less than seven years but which may extend to imprisonment for life
• Even if the girl is 16 years old, she is considered a “child” under the POCSO Act and hence her consent does not matter, and any sexual intercourse is treated as rape.
• Section 375 of the IPC also states that sexual intercourse, regardless of consent, is rape if the person is under 18 years

How is the POCSO Act misused?

• In 2019, a study titled "Why Girls Run Away to Marry" put forth an argument advocating for the age of consent to be set lower than the age of marriage. This proposal aimed to decriminalize sexual activity involving older adolescents, with the intention of safeguarding them from potential misuse of the legal system.
  • Instances were highlighted where parents sought to control their children's choice of spouse, prompting couples to elope.
  • Subsequently, families would involve the police, resulting in charges against the male partner under the POCSO Act for rape, and under the Indian Penal Code (IPC) or the Prohibition of Child Marriage Act, 2006, for abduction with the intent to marry.
• Vijaylakshmi vs State Rep case: In 2021, a significant legal development occurred in the case of Vijaylakshmi vs. the State. The Madras High Court, while dismissing a POCSO case, proposed a potential redefinition of the term "child" within Section 2(d) of the POCSO Act.
  • This redefinition would lower the age from 18 to 16. The court recommended that consensual relationships should ideally maintain an age gap of no more than five years.

Way Ahead

• Courts and rights activists are pushing for changes to the age of consent rules, leaving the government responsible for addressing the matter.
• Meanwhile, adolescents need to understand the strict provisions of the Act and the IPC.
  • For example: The Karnataka High Court directed the Education Department's Principal Secretary to form a committee for creating educational material on sexual offense laws for adolescents.
• High Courts can employ their powers under Section 482 of the Criminal Procedure Code to ensure justice and prevent the misuse of court processes.

(*Click this link to read prelims specific weekly current affairs articles)

FAQs

MCQ

Question: With reference to the United Nations Convention on the Rights of the Child, consider the following: (UPSC 2010)

1. The Right to Development.
2. The Right to Expression
3. The Right to Recreation

Which of the above is/are the Rights of the child?

(a) 1 only

(b) 1 and 3 only

(c) 2 and 3 only

(d) 1, 2, and 3

Question: Which of the following are envisaged by the Right against Exploitation in the Constitution of India? (UPSC 2017)

1. Prohibition of traffic in human beings and forced labour
2. Abolition of untouchability
3. Protection of the interests of minorities
4. Prohibition of employment of children in factories and mines

Select the correct answer using the code given below:

(a) 1, 2 and 4 only

(b) 2, 3 and 4 only

(c) 1 and 4 only

(d) 1, 2, 3 and 4