The Law Commission of India has issued a significant recommendation to the Centre, advising against lowering the age of consent from 18 to 16 under the Protection of Children from Sexual Offences (POCSO) Act. The Commission argues that such a change could have adverse implications for the fight against child marriage and child trafficking. However, it also acknowledges the need for amendments to address specific situations involving adolescents aged between 16 and 18.
In its report to the Law Ministry, the 22nd Law Commission of India states, “After a careful review of existing child protection laws, various judgments, 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.”
The Commission’s concern lies in the potential for abuse of consent claims. It highlights that consent can be manipulated, especially in cases where the perpetrators are known to the child or even family members. The Commission also points out flaws in police investigations, which could result in genuine cases going unprosecuted if investigating agencies decide that they involve consensual relationships.
“Such a dilution will provide an easy route to reduce the cases under the POCSO Act or deal with them without getting into the complexity of issues that surround such a trial, thereby reducing the POCSO Act to a ‘paper law,'” the Commission warns.
However, the Commission recognizes the need for change in certain situations. It proposes amendments to the POCSO Act to address cases where there is tacit approval from children aged between 16 and 18. These cases, the Commission suggests, should not be treated with the same severity as others under the Act. Instead, it recommends introducing “guided judicial discretion” in sentencing for such cases, aiming to strike a balance that safeguards the best interests of the child.
It’s essential to note that the recommendations made by the Law Commission are not binding. The government will study and consider these recommendations before making any final decisions.
Chief Justice of India DY Chandrachud had previously raised concerns about the age of consent under the POCSO Act, especially in cases involving consenting adolescents engaging in sexual activity. He emphasized the importance of addressing these issues through legislative measures and encouraging families to report abuse, even when the perpetrator is a family member.
As this topic continues to be a matter of debate and discussion, the government’s response to the Law Commission’s recommendations will be closely watched to see how it aims to strike a balance between protecting children and addressing the complexities of age and consent in the context of the POCSO Act.
Sources By Agencies