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