The Law Commission has advised the Indian government against lowering the age of consent from 18 to 16 under the Protection of Children from Sexual Offences (POCSO) Act. The commission argues that such a change would negatively impact the fight against child marriage and child trafficking. While the panel acknowledges the need for amendments to the act, particularly in cases wherein there is tacit approval from children aged between 16 and 18, it suggests applying “guided judicial discretion” in such instances.
The Law Commission’s report states that it is not advisable to tamper with the existing age of consent due to the potential for consent to be manufactured. The panel cites data that shows most perpetrators in POCSO cases are individuals known or close to the child, including sometimes even family members. Diluting the law in this manner could undermine its effectiveness and reduce it to a mere “paper law.”
The Commission also highlights inadequacies in police investigations and expresses concern that allowing investigating agencies to determine consent could result in genuine cases not being prosecuted under the POCSO Act. Such a dilution, the panel argues, would offer an easy way to reduce the number of cases under the act and avoid addressing the complex issues surrounding them.
While the Law Commission suggests amendments should be made to the POCSO Act, it believes that cases involving individuals between the ages of 16 and 18 should not be treated as severely as cases falling under the act’s purview. The panel recommends introducing guided judicial discretion in the matter of sentencing, ensuring a balanced approach that protects the best interests of the child.
It is important to note that the recommendations of the Law Commission are not binding. The government will study and consider the report before making a final decision.
Chief Justice of India DY Chandrachud previously urged parliament to address concerns related to the age of consent under the POCSO Act. He emphasized the need for reliable research by experts in adolescent healthcare and called for a culture of reporting sexual abuse of children, even when the perpetrator is a family member.
Summery:
The Law Commission in India has advised against lowering the age of consent from 18 to 16 under the Protection of Children from Sexual Offences (POCSO) Act. They argue that doing so would negatively impact the fight against child marriage and child trafficking. However, the Commission does recommend amendments in the Act to address cases in which there is tacit approval from children aged between 16 and 18. They suggest using “guided judicial discretion” in such cases. The Commission also warns that consent can be manufactured and that many perpetrators in POCSO cases are known or close to the child. The recommendations are not binding, but will be considered by the government. Chief Justice Chandrachud had previously urged parliament to address concerns related to the age of consent under the POCSO Act.
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