In a recent development on another amendment, the Law Commission of India, led by former Karnataka High Court Chief Justice Ritu Raj Awasthi, has recommended crucial changes to the Protection of Children from Sexual Offences (POCSO) Act, 2012. The focus is on addressing cases involving teenagers aged 16-18, without altering the existing age of consent, which stands at 18 years.
What’s Changing?
The commission’s report proposes specific adjustments to Sections 4 and 8 of the POCSO Act. Rather than changing the age of consent, the emphasis is on introducing “guided judicial discretion in the matter of sentencing” for cases within the 16-18 age group. This means judges would have the flexibility to consider the context of cases, especially when there is implicit approval even if not explicit consent.
Why the Amendments?
The current blanket approach to criminalizing sexual activities among and with children under 18 has unintended consequences. It leads to the imprisonment of young individuals who may be engaging in consensual activities out of curiosity, typical for adolescents. This approach negatively impacts the physical and mental health of these youngsters and also puts strain on law enforcement and the legal system.
What the Changes Mean
The proposed amendments empower Special Courts to impose milder sentences in cases involving teenagers aged 16 and above, given explicit consent. These changes also extend to related sections of the Indian Penal Code (IPC). This balanced approach recognizes the natural curiosity of adolescents while still ensuring they are protected from exploitation and abuse.
Why It Matters
These amendments aim to strike a balance, ensuring that the law remains protective while acknowledging the reality of adolescent exploration. By allowing judges to consider individual cases carefully, the legal system becomes more understanding and compassionate, ensuring a fairer implementation of the POCSO Act.
Source : Twenty-second Law Commission Report (283) (Chairman Justice Ritu Raj Awasthi 2020-2024)
