Should the age of consent be lowered?, Pg8

Key Highlights:

• The Supreme Court (SC) acknowledged the misuse of the Protection of Children from Sexual Offences Act (POCSO), 2012 in consensual adolescent relationships on January 10.
• The SC urged the Union government to take corrective measures to exempt genuine adolescent relationships from POCSO's rigorous application.
• India's age of consent is currently 18 years, as established by the gender-neutral POCSO Act.
• The Criminal Law (Amendment) Act, 2013, aligned IPC’s Section 375 with the 18-year age stipulated in POCSO.
• The Bharatiya Nyaya Sanhita (BNS), 2023, retained this position, defining rape to include sexual acts with or without consent if the woman is under 18.

Detailed Insights:

• The debate over the age of consent has intensified due to a surge in POCSO cases involving adolescents aged 16-18, where the girl often testifies to ‘consensual sex’.
• Advocates for lowering the age of consent argue that the current law fails to recognise adolescent sexuality, infringing on the autonomy of 16-18-year-olds.
• The NFHS-4 (2015-16) data shows that 11% of girls had their first sexual experience before age 15, and 39% before 18.
• Many advocate for a more nuanced legal approach, one that respects the consent of those over 16 while ensuring safeguards against coercion, exploitation, or abuse of authority.
• Concerns exist that reducing the age of consent would weaken the deterrent framework, enabling trafficking and other forms of child abuse under the guise of consent.
• The Law Commission’s 283rd Report (2023) on the age of consent warned that reducing the age of consent would undermine efforts to combat child marriage, prostitution, and trafficking.
• Instead of a blanket reduction, a pragmatic tweak is needed: introduce ‘close-in-age’ exemptions for 16-18-year-olds, coupled with mandatory judicial reviews.

Key Concepts Involved:

• Age of Consent: The legally defined age at which an individual can consent to sexual activity.
• POCSO Act: A law enacted in 2012 in India to protect children from sexual abuse and exploitation.
• Statutory Rape: Sexual acts with a minor, based on the legal presumption that children lack the capacity to give valid consent.
• Close-in-Age Exemptions: Legal provisions that ensure teenagers in consensual relationships with slightly older peers are not criminalised.