Panel seeks views on revisiting ‘age of consent’

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New Delhi, June 16

With several cases of minor girls above 16 eloping with men being reported from various parts of the country, the Law Commission has sought the views of the Union Ministry of Women and Child Development on the contentious issue of “age of consent”.

Raised from 16 to 18 years

• Age of consent was 16 years until 2012 when Prevention of Children from Sexual Offences Act raised it to 18 years
• Several cases of minor girls above the age of 16 years eloping with men have come to fore
• HC wanted the Law Commission to reconsider the age of consent taking into consideration the ground realities

The age of consent in India was 16 until 2012 when the Prevention of Children from Sexual Offences (POCSO) Act raised it to 18, criminalising consensual sexual activities if at least one of the parties was an adolescent.

The Law Commission wrote to the ministry last month, highlighting the fact that it had received references from the Karnataka High Court and the Madhya Pradesh High Court in this regard, sources said.

As several cases of elopement of minor girls above the age of 16 and their sexual intercourse with their male partners had been reported, the High Court wanted the Law Commission to reconsider the age of consent taking into consideration the ground realities.

A similar reference was also received from the Madhya Pradesh High Court, which wanted the law panel to suggest amendments to the POCSO Act, they said.

Addressing the inaugural session of a two-day national consultation on the POCSO Act, CJI DY Chandrachud had said the legislature must address concerns related to the age of consent under the POCSO Act, which criminalises consensual sexual acts even in “romantic” relationships, if the parties were under the age of 18.

After receiving the view of various stakeholders, the law panel is expected to write a report suggesting changes, if any, in the POCSO Act.