The Law Commission shows concerns regarding lowering the age of consent to 16, citing unintended consequences and potential harm.
The Law Commission of India has proposed not lowering the age of consent under child sex abuse laws from 18 years to 16 years. However, it suggests allowing courts to impose milder sentences when consensual relationships occur between adolescents and females aged 16 to 18. The Protection of Children from Sexual Offences (Pocso) Act currently sets a minimum jail sentence.
According to the commission adolescents aged 16 to 18 should still be considered children entitled to legal protection, and the age of consent should remain unchanged. This recommendation arises from a growing debate over the age of consent under Pocso, with concerns raised by several high courts that consensual teenage relationships were being criminalized under the stringent 2012 law designed to safeguard children from sexual violence.
Here’s why the Law Commission is concerned:
1. Reducing the age of consent to 16 could lead to unintended and severe consequences.
2. Changes in this law might adversely impact efforts against child marriage and child trafficking.
3. Decriminalizing sexual relations between 16 to 18-year-olds may undermine the effectiveness of the POCSO Act.
The commission’s chairman initiated this study in response to a reference from the Karnataka high court in November 2022, which suggested reevaluating the age of consent due to an increasing number of cases involving girls above 16 years falling in love, eloping, and engaging in sexual activities with boys, resulting in Pocso cases. In April of the same year, the Madhya Pradesh high court also wrote to the commission, arguing that the current enforcement of the Pocso Act led to gross injustice in cases of statutory rape where de facto consent was present.
In response to these concerns, the commission recommended granting “guided judicial discretion” in sentencing for such cases. This approach aims to distinguish cases with apparent de facto consent from those originally intended to fall under the Pocso Act, ensuring a more balanced and child-centered application of the law. The special judge will consider specific factors when determining sentences in cases of convictions, aligning with the best interests of the child.
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