Revisiting the POCSO Act: The Issue of Adolescent Consensual Relationships
UPSC Relevance
Prelims: Key provisions of the POCSO Act, 2012; Law Commission recommendations; Important judgments; Key legal terms like amicus curiae.
Mains:
GS Paper 2 (Governance, Social Justice): Mechanisms, laws, institutions and Bodies constituted for the protection and betterment of vulnerable sections (children).
GS Paper 1 (Indian Society): Issues relating to children; Social empowerment.
Essay: Can be asked on topics related to law, society, and individual liberty.
Key Highlights from the News
A debate has emerged in the Supreme Court against the criminalization of consensual sex between adolescents aged 16 and 18 under the POCSO Act, 2012 (Protection of Children from Sexual Offences - POCSO Act, 2012).
Courts and child rights activists across the country have observed that adolescents involved in such relationships are often prosecuted under the law.
Senior advocate Indira Jaising, appointed as amicus curiae by the Supreme Court, argued that consensual sex between 16 and 18-year-olds should not be criminalized.
However, the Law Commission, in its 2023 report, opposed lowering the age of consent and instead suggested giving courts "guided judicial discretion" when sentencing in such cases.
The Madras High Court had previously suggested criteria, such as the age difference between individuals in such relationships not exceeding five years, to prevent the misuse of the POCSO Act.
COMMENTS