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 the IPC, whoever commits a penetrative sexual assault on a child — anyone below 18 years of age — can be “imprisoned for a term which is not less than seven years but which may extend to imprisonment for life, and shall also be liable to fine.” Even if the girl is 16 years old, she is considered a “child” under the POCSO Act and hence her consent does not matter, and any sexual intercourse is treated as rape, thus opening it up to stringent punishment. The study noted that in many cases, a couple elopes fearing opposition from parents resulting in a situation where families file a case with the police, who then book the boy for rape under the POCSO Act and abduction with the intent to marry under IPC or the Prohibition of Child Marriage Act, 2006. Sometimes, a High Court uses its powers under Section 482 of the Criminal Procedure Code “to prevent abuse of the process of any Court or otherwise to secure the ends of justice.” Even as activists are calling for a tweak to the POCSO Act, and raising awareness about its terms, a parliamentary committee is looking into the Prohibition of Child Marriage Bill, 2021 which seeks to increase the minimum age of marriage for women to 21 years.

History of this topic

Conviction Under Wrong Provision Of POCSO Act: Patna High Court Orders Release Of Sexagenarian After 10 Years, Enhances Victim's Compensation
1 month ago
The Unintended Victims: How POCSO Affects Adolescents' Autonomy And Access To Health
1 month, 1 week ago
Any Person Regardless Of Gender & Age Can Be Accused Under POCSO Act: Kerala High Court Refuses To Quash Case Against Minor
9 months, 1 week ago
Calcutta High Court says every ‘female adolescent should control sexual urge’
1 year, 2 months ago
No need to alter age of consent, says law panel
1 year, 2 months ago
Law Commission against lowering age of consent under POCSO Act
1 year, 2 months ago
Don’t reduce age of consent in Pocso to 16, Law Commission tells govt
1 year, 2 months ago
Man gets 10-year jail term for sexually assaulting girl
1 year, 3 months ago
Man allegedly raped wife's minor sister, then claimed he married her too. Delhi HC acquits citing Muslim law
1 year, 4 months ago
Should the age of consent for sex be revised?
1 year, 4 months ago
Bombay HC Sets Aside POCSO Conviction: Why Should We Rethink Age of Consent?
1 year, 4 months ago
Child, law, and consensual sex
1 year, 4 months ago
High Time Our Country, Parliament Take Note Of Happenings Across Globe: Bombay HC On Sexual Relationship Consent Age For Adolescents
1 year, 5 months ago
Early puberty due to social media & Internet, MP HC urges Centre to reduce age of consent to 16 yrs from 18 in rape case
1 year, 5 months ago
S. 375 IPC| '2013 Amendment Increasing Consent Age To 18 Years Has Disturbed Society's Fabric': MP HC Asks UOI To Consider Lowering It Back To 16
1 year, 5 months ago
POCSO and the persecution of young love
1 year, 6 months ago
Abortion Is Legal But How Many Indians Can Really Access It? This Report Answers
1 year, 7 months ago
MP High Court Urges Law Commission To Suggest Amendments To POCSO Act Permitting Correctional Measures Instead Of Jail Term If Victim & Accused Marry
1 year, 8 months ago
Can't Presume Class XII Student Is Minor, Highly Preposterous: Delhi High Court Questions Police Over Addition Of POCSO Charge In Rape Case
1 year, 10 months ago
Explained | Why is the Supreme Court examining marriage laws for minors?
1 year, 10 months ago
Men marrying girls aged below 14 years in Assam to be booked under POCSO Act: Himanta
1 year, 11 months ago
Deformity Relating To Age Of Child Under POCSO Act
1 year, 11 months ago
Supreme Court to examine whether girls aged 15 can be married off under Muslim personal law when statutes make it an offence
1 year, 11 months ago
No plan to revise age of consent, Centre tells Rajya Sabha
2 years ago
On Pocso cases, CJI has a point
2 years ago
Parliament must examine age of consent issue, says Chief Justice of India
2 years ago
POCSO| Judges Must Remember That Children May Use Different Vocabulary For Sex Abuse : CJI DY Chandrachud
2 years ago
CJI Chandrachud urges Parliament to examine age of consent issue under Pocso Act
2 years ago
POCSO Act can be invoked in case of marriage with a minor girl under Islamic law: HC
2 years, 1 month ago
POCSO is not meant to criminalise consensual relationships: Delhi High Court
2 years, 1 month ago
Considering consent: The Hindu Editorial on POCSO Act and the age of consent
2 years, 1 month ago
HC says Law Commission needs to rethink age criteria for consensual sex
2 years, 1 month ago
Age of consent needs a careful deliberation
2 years, 1 month ago
POCSO Act overrides personal laws on age for sexual activities: HC
2 years, 1 month ago
POCSO and IPC prevail over personal laws: Karnataka High Court
2 years, 1 month ago
Muslim girls above 15 years can marry, it would not violate the Prohibition of Child Marriage Act: Punjab and Haryana HC cite Sharia law
2 years, 1 month ago
[POCSO Act] Child Sexual Abuse Increasing Alarmingly, Courts Must Imbibe Legislative Wisdom: Delhi High Court
2 years, 2 months ago
NCPCR challenges marriage of minor girls in Sharia as ‘sexual assault’; Supreme Court ready to examine
2 years, 2 months ago
The persecution of consent
2 years, 2 months ago
POCSO Case Against Minor Can Be Quashed On Parties Arriving At Mutual Settlement: Karnataka High Court
2 years, 3 months ago
Changing the age of consent
2 years, 3 months ago
PIL Against Permissibility Of Marriage Of Girls Below 18 Yrs Of Age Under Muslim Law: Uttarakhand HC Issues Notice
2 years, 5 months ago
Can POCSO Case Against Minor Be Quashed On Parties Arriving At A Mutual Settlement? Karnataka High Court To Consider
2 years, 7 months ago
'Consent Was Immaterial': Calcutta High Court Upholds Conviction Of Man For Raping Girl Aged Below 16 Yrs
2 years, 10 months ago
8-yr-old raped by 2 juveniles in Delhi's Shastri Park; accused booked under POCSO
2 years, 10 months ago
Odisha child commission opposes raising legal age of marriage to 21
2 years, 11 months ago
Sexual education a must to fight rape, say experts
3 years ago
No lowering of age limit to 16 from 18 for serious POCSO cases: What it means, challenges of preventing child sexual abuse
3 years, 4 months ago
Boy, 12, booked in Noida for raping, impregnating 16-year-old sister
3 years, 5 months ago

Discover Related