advertisement
The 22nd Law Commission submitted a report to the Union Ministry of Law and Justice on Friday, 29 September, suggesting that it is "not advisable to tinker" with the existing age of consent. According to Indian law, the age of consent is 18 years.
The argument: Opposing the reduction of the age of consent to 16 years, the Law Commission said that it would reduce the Protection of Children from Sexual Offences (POCSO) Act, 2011, to a "paper law."
It “will lead to many unintended consequences of much severe nature…" the Commission argued.
Of note: The commission, however, proposed amendments to the POCSO Act, in cases where there is explicit consent among those between 16 to 18 years of age.
“This is so because in our considered opinion, such cases do not merit to be dealt with the same severity as the cases that were ideally imagined to fall under the POCSO Act," the Law Commission panel, headed by Karnataka High Court Chief Justice Ritu Raj Awasthi, has said.
Key excerpts:
"There is a social cost associated with the present situation, including the negative impact upon the health, both physical and mental, of the children as well as a burden upon the investigating agencies and courts which takes away focus from the cases that are genuine and require immediate consideration,” the report added.
Suggested amendments: The Commission has recommended amendments to Sections 4 and 8 of the POCSO Act dealing with punishments for penetrative sexual assault and sexual assault.
It has suggested that the Special Court gives lesser sentences in cases where the child is of the age 16 or above, subject to explicit consent.
It also suggested making corresponding changes in Sections 375 and 376 (rape) of the Indian Penal Code (IPC).
(At The Quint, we question everything. Play an active role in shaping our journalism by becoming a member today.)
Published: undefined