Age of Consent in India
Context:
- The Bombay High Court recently considered the possibility of reducing the age of consent for sexual encounters in India in light of the surge in teens being prosecuted under the Protection of Children from Sexual Offences (POCSO) Act for engaging in consensual relationships with children.
Majority age:
- The POCSO Act states that 18 is the minimum age for sex consent in India.
- It is illegal to have sexual contact with a girl under the age of 18 and her permission is not regarded as valid.
Issues with this agreement:
- When consent is broken, the offender faces severe punishment.
- Charges of child abuse are invalid: Courts have frequently thrown out rape and kidnapping charges.
- Frequently, the court is convinced that the law is being exploited improperly to the advantage of one or both parties.
Legal definitions of consent when given at a younger age:
- The Madras High Court ruled in 2021 that the definition of “child” under Section 2(d) of the POCSO Act can be adjusted to 16 instead of 18, rejecting a POCSO allegation in the Vijaylakshmi v. State Rep case.
- The court suggested a five-year maximum age gap for consenting couples.
- This, it was claimed, would shield a young girl from being taken advantage of or sexually deceived by an adult who is much older.
Policy activities already taken:
- A legislative committee is looking on the Prohibition of Child Marriage (Amendment) Bill, 2021, which would raise the legal age of consent for marriage for women from 18 to 21.
- Rights activists contend that raising the age may harm society more than help underprivileged women who are already constrained by social and familial expectations.
Suggestions:
- Taking into account factors like cognitive ability, psychosocial development, emotional maturity, and even economic issues, the conversation should have an integrated and comprehensive attitude.
- A different approach to evaluating consent is needed before cases go to trial.
- It was proposed that social professionals or other support personnel be brought in to speak with the accused adolescents instead of the police conducting interviews immediately away.
- This would make it simpler to determine whether or not the sexual behaviour was exploitative and whether it was consensual.
- Although establishing a consent age may be necessary for practical legal reasons, it is crucial to recognise the pliability of consent and the capacity of each individual to give it. One solution to this would be to have different consent ages for various activities.
- Setting up guidelines and accountability systems within the legal system can also help to guarantee fairness.
- If we want to develop in our understanding of consent, it is essential to do studies on adolescents’ sexual practises, their effects, and the societal norms surrounding sex and sexuality that influence their decisions.
- Study is also required to discern between various scenarios and situations affecting children, as well as to decide whether the age of consent should be lowered to 16, as it was before the POCSO Act.
Conclusion:
In conclusion, the debate over India’s legal minimum age for consent has to be thorough and context-sensitive, considering a range of factors that influence teenagers’ decision-making, and prioritising child protection without criminalising consensual behaviour.
