The Central Government has notified the Rajya Sabha that there is no proposal to lower the age of consent under the Protection of Children from Sexual Offences Act 2012 from 18 to 16 years old In order to prevent the criminalization of teenage consensual relationships.
This was said by Smriti Irani, the Union Minister for Women's and Children's Development, in answer to a question posed by Rajya Sabha Member Binoy Viswam. The Minister added that the POCSO Act "clearly defines a child as any individual below the age of 18 years" and that the Indian Majority Act specifies 18 as the age of majority.
It should be mentioned that the Chief Justice of India, DY Chandrachud, has urged the Parliament to take into account concerns surrounding the POCSO Act's age of consent in light of the fact that "romantic connections" account for a sizable percentage of instances.
"You are aware that the POCSO Act criminalizes all sexual acts among those under 18 regardless of whether consent is present factually among the minors because the presumption of the law is that there is no consent in the legal sense among those below 18. In my time as a judge, I have observed that this category of cases poses difficult questions for judges across the spectrum. There is a growing concern surrounding this issue which must be considered by the legislature in view of reliable research by experts in adolescent healthcare," On December 10, CJI Chandrachud attended the National Stakeholders Consultation on the POCSO Act, which was hosted by UNICEF and the Supreme Court Committee on Juvenile Justice.
The age of consent should be lowered, according to recommendations made by the High Courts of Madras and Karnataka. "Punishing an adolescent boy who enters into a relationship with a juvenile girl by punishing him as an offender, was never the intention of the POCSO Act," the Madras High Court had ruled.
Additionally, the Delhi High Court noted that the Protection Of Children From Sexual Offences (POCSO) Act was not intended to penalise young adults' consensual romantic relationships but rather to safeguard children from sexual abuse.
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