Context:
The Supreme Court (January 10) highlighted misuse of the POCSO Act, 2012 in cases involving consensual adolescent relationships and urged the Union Government to consider corrective measures, reigniting debate on lowering India’s age of consent (currently 18 years).
Key Highlights
Legal Position
- Age of consent in India: 18 years (gender-neutral under POCSO).
• Criminal Law (Amendment) Act, 2013 aligned IPC Section 375 with POCSO.
• Bharatiya Nyaya Sanhita (BNS), 2023) retains age of consent at 18.
• Sexual activity with a minor is treated as statutory rape, irrespective of consent.
Ground Reality
- Surge in POCSO cases involving 16–18-year-olds in consensual relationships.
• Victims often testify to consensual nature, leading to legal dilemmas.
• NFHS-4 (2015–16) data:
- 11% girls had first sexual experience before 15.
- 39% before 18.
Arguments for Reform
- Recognise adolescent autonomy and evolving capacities.
• Prevent criminalisation of consensual peer relationships.
• Reduce burden on judiciary from misapplied prosecutions.
Concerns Against Lowering Age
- Risk of weakening protections against trafficking, child marriage, exploitation.
• Law Commission (283rd Report, 2023) cautioned against blanket reduction.
• Fear of coercion masked as consent.
Suggested Reform
- Introduce ‘Close-in-Age’ exemptions (e.g., 16–18-year-olds in peer relationships).
• Mandatory judicial scrutiny to detect coercion or abuse of authority.
Relevant Prelims Points
- POCSO Act, 2012 – Protects children (<18 years) from sexual offences.
• Statutory Rape – Sexual activity with a minor deemed non-consensual by law.
• Age of Consent – Legal threshold for valid sexual consent.
• Bharatiya Nyaya Sanhita (2023) – Replaces IPC; retains age of consent at 18.
• Law Commission 283rd Report (2023) – Reviewed age of consent issue.
Relevant Mains Points
- Social Justice & Child Rights
- Balancing child protection framework with adolescent autonomy.
• Need to prevent misuse while protecting vulnerable minors.
- Constitutional Dimensions
- Article 21 – Right to Life & Personal Liberty, including privacy and autonomy.
• Puttaswamy judgment (2017) – Recognised decisional autonomy.
- Gender & Societal Implications
- Criminalisation often used by families to control relationships across caste/religion.
• Risk of reinforcing patriarchal control over adolescent girls.
- Criminal Justice Reform
- Blanket criminalisation leads to:
- Overburdened courts
- Low conviction rates
- Social trauma for consenting adolescents
Way Forward
- Introduce narrowly tailored close-in-age exemption clause.
• Maintain strict penalties for coercion, trafficking, abuse of authority.
• Strengthen adolescent sexual education and awareness.
• Periodic legislative review based on empirical evidence.
UPSC Relevance
- GS 2 – Polity (Criminal Law Reform)
• GS 2 – Social Justice (Child Protection & Rights)
• Prelims: POCSO provisions, BNS, Law Commission Reports