Protection of Children from Sexual Offences (POCSO) Act, 2012
The POCSO Act is primarily aimed at protecting children from sexual offenses. However, recent discussions have emerged regarding certain exemptions for adolescents.
Call for Exemptions
- Courts and rights activists have observed that adolescents aged 15-18 in consensual relationships are often persecuted under the current law.
- It suggested to the Supreme Court that consensual sex between teenagers aged 16-18 should not be criminalized.
- It is against the designation of 18 years as the age of consent and proposes that sexual maturity typically occurs around 16 years.
Legal Framework and Suggestions
- The suggestion is to incorporate an exception into the POCSO Act and Section 63 of the Bharatiya Nyaya Sanhita (BNS), ensuring protection without misuse against non-exploitative adolescent relationships.
- The Law Commission's 2023 report advised against changing the age of consent but recommended "guided judicial discretion" for cases involving 16-18-year-olds in consensual relationships.
Current Legal Provisions and Challenges
- Under the POCSO Act, Indian Penal Code (IPC), and BNS, penetrative sexual assault on anyone below 18 can lead to severe punishment.
- A 16-year-old is deemed a "child" under Section 2(d) of the POCSO Act, thus nullifying their consent.
Judicial Recommendations and Education
- The Madras High Court in 2021 recommended that the age difference in consensual relationships should not exceed five years.
- It emphasized educating adolescents about the law and potential consequences of sexual offences.
- Criminalizing normal adolescent behavior is not effective in protecting against non-consensual, exploitative offences.