Misuse of POCSO Act in Adolescent Relationships

The Supreme Court (SC) has acknowledged the misuse of the Protection of Children from Sexual Offences Act (POCSO), 2012, in consensual adolescent relationships where one party is a minor. This has sparked a debate on the ‘age of consent’ in India, currently set at 18 years under the gender-neutral POCSO Act.

Age of Consent in India

• The age of consent refers to the legally defined age at which an individual can consent to sexual activity.
• In India, those below 18 are considered children, making their consent to sexual acts irrelevant, leading to charges of "statutory rape".
• Section 19 of POCSO mandates reporting any suspected offence to local police.
• The age was raised from 16 to 18 by the Criminal Law (Amendment) Act, 2013, aligning with POCSO for comprehensive child protection.

Historical Context

• Initially set at 10 years under the 1860 IPC, it evolved to 18 years in 2012 with POCSO.
• The 'minimum age of marriage' remains distinct, set at 18 for females and 21 for males.

Debate Over Age of Consent

• Advocates for lowering the age argue the current law does not recognize adolescent sexuality.
• Statistics from NFHS-4 (2015-16) show a significant percentage of girls have sexual experiences before 18.
• Studies like Enfold reveal many POCSO cases involve consensual relationships, advocating for nuanced legal approaches.
• Internationally, the age of consent is often 16, with 'close-in-age' exemptions in countries like the U.K. and Canada.

Concerns Against Reducing Age of Consent

• Lowering the age risks weakening protections against trafficking and child abuse.
• The 'bright-line rule' creates a clear protection zone for minors, avoiding subjective judgments.
• Child abuse often involves trusted individuals, complicating genuine consent.

Parliamentary and Judicial Perspectives

• Parliament has consistently rejected proposals to lower the age of consent.
• Reports and committees have supported maintaining the age at 18 to prevent abuse.
• Court cases highlight the complexities, balancing legal provisions with real-life adolescent relationships.

Recommendations and Future Directions

• Emphasis on comprehensive sex education, respecting adolescent autonomy, and accessible health services.
• Consider introducing 'close-in-age' exemptions for 16-18-year-olds to respect adolescent autonomy while maintaining protections.
• Encourage judicial reviews to identify coercion and promote better education on healthy relationships and consent.

The debate on the age of consent is complex and requires balancing protection with acknowledging adolescent relationships. The focus should be on creating a supportive and informed environment for young individuals.