Law Commission of India to rethink the criteria for the age of consent

Considering consent 

• The Dharwad Bench of the High Court of Karnataka urged the Law Commission of India to rethink the criteria for age of consent, ‘taking into consideration the ground realities.’

What did the Judges Say?

• The judges said they were motivated to make this recommendation, having encountered several cases relating to minor girls over the age of 16 years (but below 18 years) having fallen in love and eloped with the boy, and wondered why the consent of the girl in a sexual relationship is not factored in, especially when charges are made out under provisions of the POCSO Act. 
• As much as the laws of a country must adhere to the principle of justice and fairness, they also need to stay in tune with the times.

What is the Posco Act

• The Act was enacted to protect children from sexual abuse, raising the age of consent for sexual intercourse from 16 to 18 years. 
• It was passed in 2012 under the Ministry of Women and child development.

What Happens

• Studies have noted that many cases booked under the Act in the adolescent group (16 years and above) have romantic involvement, including eloping with the intention of getting married, consensually. In almost all instances, police cases are initiated by the parents of the minor girl who has eloped with her lover. 
• Once the sexual act is confirmed, the POCSO Act is slapped on the boy, who may sometimes be a minor, or barely of legal age for marriage, and the consequences of being prosecuted for penetrative sexual assault are life-altering, as they are meant to be. 
• While the boys face criminal prosecution, the girls are also sent to government institutions when they protest their parents’ strong disapproval of the liaison. 

Posco – Homewrecker

• Activists have charged that this has the potential to wreck the lives of the youngsters involved, and entire families to be felled by this encounter with the law.

What needs to be Done

• There is no doubt that children are vulnerable, and must be protected from forced attempts to sexually assault or groom them with an eye on exploitation. 
• The realities of adolescent attraction and the ascertainment of consent, 16 years or above, must be considered pertinent to investigation and prosecution. 
• The High Court judges also asked if it could be presumed that minors have knowledge of the applicable law. 

Solution

• It may be remembered that the Justice J.S. Verma Committee on Amendments to Criminal Law also recommended that the age of consent be reduced to 16, and necessary amendments are made in the POCSO Act. 
• The Law Commission must now train its guns on the actual implementation of the Act and ensure the POCSO Act, stays true to its broad intent — the protection of children.