Age of Consent Issue

Subject :Polity

Context: Chief Justice of India D.Y. Chandrachud on December 10, 2022 appealed to Parliament to have a relook at the issue of age of consent.

Introduction:

Chief Justice of India D.Y. Chandrachud appealed to Parliament to have a relook at the issue of age of consent under the Protection of Children from Sexual Offences (POCSO) Act, 2012 as it posed difficulties for judges examining cases of consensual sex involving adolescents.
In 2012, the POCSO Act raised the age of consent to 18 years, which had been at 16 years since 1940.
A national stakeholders’ consultation on the POCSO Act is being conducted by the Supreme Court’s Committee on Juvenile Justice and is part of its annual stakeholders’ meet.

Case for reducing age of consent:

A study carried out by Enfold Proactive Health Trust, Bengaluru found that 93.8% of “romantic cases” tried under POCSO ended in acquittal after consuming a median time of 1.4 to 2.3 years from the filing of a First Information Report (FIR) to disposal by courts.
The Madras High Court recently said that it was “eagerly” waiting for the legislature to reduce the age of consent under the POCSO Act from the current 18 years.
In Sabari Vs. Inspector of Police case, the Madras High Court recommended that the age of consent be revised to 16 years.