New Delhi: The Law Commission has advised the central government not to lower the existing age of consent for sexual relationships, which is 18.
In its report to the Ministry of Law and Justice, the advisory panel said reducing the age of consent would have a direct and negative bearing on the fight against child marriage and child trafficking, news agency PTI reported.
The panel, however, said amendments were needed to the Protection of Children from Sexual Offences (POCSO) Act to “improve the situation” in cases where there was tacit approval on part of children aged 16 to 18 years.
The commission also suggested the introduction of “guided judicial discretion” for sentencing in such cases.
The Indian Penal Code and laws like POCSO do not recognise the consent of an underage woman, making even a consensual sexual relationship with one below 18 years an offence.
A long list of judges and courts have recently questioned India’s current age of consent for sexual relationships. The Bombay High Court said in July that criminalising consensual teenage relationships put a great burden on the Indian judicial system and did not take into account social realities.
In its 10 July ruling acquitting a man who was convicted for having a sexual relationship with a 17-and-a-half-year old, the Bombay High Court observed that the age of consent at 18 years is “criminalising consensual adolescence/teenage relationships”.
On sexual relationships for 16-18 year-olds:
The Law Commission told the government that teenagers in the 16-18 bracket “still remain children who ought to enjoy higher protection of law”, adding that the age of consent, therefore, could not be disturbed either by reducing it or by introducing a limited exception.
The executive body, which advises the government on legal reform, said even though “close-in-age” exemptions had been largely considered inadequate in such cases, the age differences between the victim child and the accused ought to be a relevant factor for the court.
“If the age difference between the victim child and the accused is less than three years, the Commission is of the considered view that the introduction of judicial discretion in the matter of sentencing can help alleviate the plight of those truly aggrieved,” news agency ANI quoted the panel.
The panel further said: “Offences defined under Sections 3 and 7 of the POCSO Act are heinous in nature and there is always the danger of the child being tried as an adult even though the sexual act had been consensual. Thus, changes are also required to be brought within the Juvenile Justice Act in order to ensure that in such cases of romantic relationships, the child is not tried as an adult and gets the benefit of a trial in accordance with the Juvenile Justice Act.”
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