POCSO Act: Law Commission Against Reducing Age Of Consent (Image:pixabay.com)A recent report issued by the 22nd Law Commission of India stood against the reduction of age of consent under the Protection of Children from Sexual Offences (POCSO) Act. The report advised the government to retain the current age of consent in India, that is 18.
What the Law Commission said?
- Retain the current age of consent in India, that is 18, under the Protection of Children from Sexual Offences (POCSO) Act.
- Initiate guided judicial discretion in the sentencing of cases which involved tacit approval of children in the 16-18 age.
The commission, chaired by Justice Ritu Raj Awasthi, with utmost care reviewed the existing child protection laws and various judgements along with reported cases of child abuse, child trafficking, and child prostitution. The commission then submitted a report to the Union Ministry of Law and Justice stating that, “it is not advisable to tinker with the existing age of consent under the POCSO Act”.
It also proposed amendments to the POCSO Act that helps “to address situations where there is approval, even if not explicit consent in the eyes of the law, from children aged between 16 and 18 years who are in intimate relationships”, reported the Bar and Bench. Such cases are not supposed to be treated with the same gravity of those directly come under the POCSO Act.
The panel suggested to institute guided judicial discretion while considering cases involved with tacit approval of children in the 16-18 age bracket. This will ensure a balanced approach that “safeguards the best interests of minors”.
While drafting the report, the Law Commission received references from the High Courts of Karnataka and Madhya Pradesh, said Justice Ritu Raj Awasthi in the letter to the Union Minister of State for Law and Justice, Arjun Ram Meghwal.
According to the letter, the Karnataka High Court in return raised concerns about the “rising number of cases involving minor girls who are above the age of 16 years engaging in romantic relationships, eloping and having sexual intercourse with boys”, and asked the Law Commission to “rethink on the age criteria for consent.
The Gwalior Bench from the Madhya Pradesh High Court at the same time remarked the issues arising from the current enforcement of the POCSO Act, as it is leading to “gross injustice in cases of statutory rape where de facto consent is present”. The court also suggested the commission to amend the POCSO Act “vesting discretionary power in the Special Judge to not impose the statutory minimum sentence in cases where de facto consent is apparent on part of the girl child or where such a relationship has culminated in marriage, with or without children”.