Not advisable to tinker with the existing age of consent of 18 years: Law Commission of India

Not advisable to tinker with the existing age of consent of 18 years: Law
Commission of India

New Delhi, September 29 (IANS)

The 22nd Law Commission chaired by retired Justice Ritu Raj Awasthi in its
recent Report has said that it is not advisable to tinker with the existing
age of consent under the POCSO Act.

On different references made by the High Courts of Karnataka and Madhya
Pradesh, respectively, in 2023, the panel was examining the age criteria of
18 years for consent.

The High Court had asked the Commission to rethink on age of consent taking
into consideration the rising number of cases relating to minor girls above
the age of 16 years falling in love, eloping and having sexual intercourse
with the boy, thereby attracting the provisions of the Protection of
Children from Sexual Offences Act,2012 (POCSO) and the Indian Penal Code,
1860.

The High Court had further asked the Commission to suggest amendment to 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.

The Commission after having extensive consultation with the National
Commission for Protection of Child Rights (NCPCR), former judges, lawyers,
child rights activists, NGOs and academicians said that certain amendments
need to be brought in the POCSO Act to remedy the situation in cases
wherein there is tacit approval in fact though not consent in law on part
of the child aged between 16 to l8 years.

“This is so because in our considered opinion, such cases do not merit to
be dealt with the same severity as the cases that were ideally imagined to
fall under the POCSO Act,” it said, adding that guided judicial discretion
should be introduced in the matter of sentencing in such cases.

The law panel said that such romantic cases involving adolescents do not
merit to be dealt with the same severity as the cases that were ideally
imagined to fall under the POCSO Act.

“After a careful review of existing child protection laws, various
judgements and considering the maladies of child abuse, child trafficking
and child prostitution that plague our society, the Commission is of the
measured view that it is not advisable to tinker with the existing age of
consent under the POCSO Act,” it said.

During preparation of the report, the law panel had also solicited
responses from all the High Courts and the National Crime Records Bureau
(NCRB) for relevant data.

IANS

PDS/

Source: IANS