Parliament must examine age of consent issue, says Chief Justice of India
2 years ago

Parliament must examine age of consent issue, says Chief Justice of India

The Hindu  

Chief Justice of India D.Y. There is a growing concern surrounding this issue which must be considered by the Legislature,” the CJI said while addressing a national stakeholders’ consultation on the POCSO Act, which completes 10 years. The Madras High Court recently said that it was “eagerly” waiting for the legislature to reduce the age of consent under the POCSO Act from the current 18 years, as it upheld the conviction of a man sentenced to seven years imprisonment for having kidnapped and repeatedly raped a 17-year-old girl. The evidence presented before the stakeholders included a study carried out by Enfold Proactive Health Trust, Bengaluru, which found that 93.8% of “romantic cases” tried under POCSO ended in acquittal after consuming a median time of 1.4 to 2.3 years from the filing of a First Information Report to disposal by courts. The report released by Enfold Proactive Health Trust recommends legal reforms to the POCSO Act and the Indian Penal Code to decriminalise consensual sexual acts involving adolescents above 16 years, while ensuring that those above 16 years and below 18 years continue to be protected against non-consensual acts under the POCSO Act.

India Consent Court Chief Justice Age Act Pocso Sexual Cji 16 Years 18 Years Consensual Consensual Sex Romantic Cases  age  court  examine  india  pocso  issue  consensual  high  consent  chief  justice  parliament  act  romantic  cases  sexual

History of this topic

Law Commission against lowering age of consent under POCSO Act
1 year, 2 months ago

Law Commission against lowering age of consent under POCSO Act

The Hindu  

September 29, 2023 07:08 pm | Updated September 30, 2023 06:53 am IST - NEW DELHI The government should not tinker with the age of consent — currently 18 years — under the Protection of Children from Sexual Offences Act, the Law Commission said in a report made public on September 29. ‘Tacit approval’ In the report, the Law panel …

Don’t reduce age of consent in Pocso to 16, Law Commission tells govt
1 year, 2 months ago

Don’t reduce age of consent in Pocso to 16, Law Commission tells govt

Hindustan Times  

NEW DELHI: The Law Commission of India has recommended against reducing the age of consent under the child sex abuse law to 16 years but proposed an amendment that would let courts impose a lesser sentence in cases where adolescents engage in consensual sexual relations with a female. The Law Commission has recommended guided judicial discretion in sentencing in cases …

Bombay HC Sets Aside POCSO Conviction: Why Should We Rethink Age of Consent?
1 year, 4 months ago

Bombay HC Sets Aside POCSO Conviction: Why Should We Rethink Age of Consent?

The Quint  

Bombay High Court's Justice Bharati Dangre, in her order, pointed out: “…merely because the statute provides punishment for an act of sexual indulgence, as the girl has not attained the age of maturity i.e. 18, when it can be specifically inferred from her conduct that she was capable of understanding the consequences of her act, I am of the opinion …

Child, law, and consensual sex
1 year, 4 months ago

Child, law, and consensual sex

The Hindu  

In the last one month, at least three different High Courts have either quashed First Information Reports and pending criminal proceedings or acquitted accused persons under the Protection of Children from Sexual Offences Act, 2012. On July 10, the Bombay High Court quashed the conviction of a 25-year-old man under POCSO on the grounds that he had consensual sex with …

No plan to revise age of consent, Centre tells Rajya Sabha
2 years ago

No plan to revise age of consent, Centre tells Rajya Sabha

The Hindu  

The government does not yet have a plan to revise the age of consent under the Protection of Children from Sexual Offences Act, 2012 despite appeals from the judiciary to lower it from the current 18 years to 16 years. In response to a question from Communist Party of India MP Binoy Vishwam in the Rajya Sabha on whether the …

On Pocso cases, CJI has a point
2 years ago

On Pocso cases, CJI has a point

Hindustan Times  

In the annals of history, few issues have proven to be as vexing to legislate on than the legal age of consent. By setting the legal age of consent at an unshakeable 18, the Protection of Children From Sexual Offences Act, 2012, offered almost no leeway to judges hearing cases involving minors in consensual relationships, other than almost certain criminalisation. …

CJI Chandrachud urges Parliament to examine age of consent issue under Pocso Act
2 years ago

CJI Chandrachud urges Parliament to examine age of consent issue under Pocso Act

India Today  

Chief Justice of India D Y Chandrachud on Saturday urged Parliament to consider the growing concern surrounding the issue of age of consent under the Protection of Children from Sexual Offences Act as it posed challenges for judges examining cases of consensual sex involving adolescents. "As you are no doubt aware, the Pocso Act criminalizes all sexual activity for those …

Considering consent: The Hindu Editorial on POCSO Act and the age of consent
2 years, 1 month ago

Considering consent: The Hindu Editorial on POCSO Act and the age of consent

The Hindu  

As much as the laws of a country must adhere to the principle of justice and fairness, they also need to stay in tune with the times. The judges said they were motivated to make this recommendation, having encountered several cases relating to minor girls over the age of 16 years having fallen in love and eloped with the boy, …

Explained | Should the age of consent be changed for adolescents?
2 years, 1 month ago

Explained | Should the age of consent be changed for adolescents?

The Hindu  

The story so far: On November 4, the Dharwad Bench of the Karnataka High Court, while dismissing a case filed under the Protection of Children from Sexual Offences Act, 2012, said the Law Commission of India would have to rethink the age criteria, to take into consideration the ground realities. Under the POCSO Act, 2012, and under several provisions of …

HC says Law Commission needs to rethink age criteria for consensual sex
2 years, 1 month ago

HC says Law Commission needs to rethink age criteria for consensual sex

The Hindu  

The High Court of Karnataka has said that the Law Commission of India will have to rethink the age criteria in law for having consensual sex to address the issue of instances of sexual intercourse as a result of mutual love affair amongst minor girls and boys, who are aged above 16 but are below 18. A Division Bench, comprising …

Age of consent needs a careful deliberation
2 years, 1 month ago

Age of consent needs a careful deliberation

Hindustan Times  

There are few issues as tricky for governments and societies to determine as the legal age of consent. Legal systems have historically struggled to strike a balance between biological development, changing social mores and rapidly transforming interpersonal dynamics. PREMIUM egal systems have historically struggled to strike a balance between biological development, changing social mores and rapidly transforming interpersonal dynamics. Even …

Age Relaxation Can't Be Claimed On The Basis Of Chief Minister's Tweet : Punjab & Haryana High Court
3 years, 3 months ago

Age Relaxation Can't Be Claimed On The Basis Of Chief Minister's Tweet : Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court has held that candidates for public employment cannot claim relaxation in upper age limit as their right merely because the Chief Minister has tweeted in this regard A division bench of Justice Rajan Gupta and Justice Karamjit Singh held so while dismissing an appeal filed by petitioners seeking appointment to the post of Police …

Parliamentary panel suggests reducing age of trial under POCSO Act to 16 years
3 years, 9 months ago

Parliamentary panel suggests reducing age of trial under POCSO Act to 16 years

Op India  

A parliamentary panel comprising of MPs from Rajya Sabha and Lok Sabha made an observation that stated, minor sexual offenders may be prone to conduct more heinous crimes if left uncounseled. Noting an increase in cases filed under POCSO Act where the age of the accused was under 18 years, the committee has submitted a report ‘Atrocities Against Women and …

Discover Related