| Upsc Relevance-Prelims POCSO Act, 2012: Key features, age of consent, legal provisions Age of Consent in Indian Law (IPC, POCSO, BNS) Role of Law Commission of India Important Supreme Court Cases (e.g., Vijayalakshmi vs State, Nipun Saxena Case) Amicus Curiae – Who is it? Role in judicial proceedings Mains -General Studies Paper II – Governance, Constitution, Polity, Social Justice Topics Covered: Laws and mechanisms for vulnerable sections (Children & Adolescents) Judiciary and Judicial Activism (Supreme Court, High Court interventions) Rights Issues: Child Rights, Adolescent Health, and Legal Protection Important Acts: POCSO Act, 2012; Bharatiya Nyaya Sanhita (BNS); IPC provisions |
Why in News?
The Supreme Court of India is currently examining whether consensual sex between adolescents aged 16 to 18 should be decriminalised under the Protection of Children from Sexual Offences (POCSO) Act, 2012. Senior advocate Indira Jaising, acting as amicus curiae, has submitted that such consensual acts should not be treated as sexual offences.
Background
The POCSO Act, 2012 was enacted to provide a comprehensive legal framework for the protection of children (under 18) from sexual abuse and exploitation. It criminalises any form of sexual activity with a minor — even if it is consensual — as a safeguard against exploitation.
However, in recent years, multiple High Courts, such as the Madras High Court (Vijayalakshmi vs. State, 2021), and various child rights activists have highlighted the misuse of POCSO against adolescents in consensual relationships, especially in cases where families disapprove of inter-caste or inter-community affairs.
Core Issue: Age of Consent vs. Natural Adolescent Behaviour
- As per Section 2(d) of the POCSO Act, any person under 18 years is considered a “child”.
- Therefore, even consensual sexual activity between adolescents aged 16-18 is treated as a criminal offence.
- Ms. Jaising has proposed an exception be read into POCSO and the Bharatiya Nyaya Sanhita (BNS), so that non-exploitative relationships between adolescents are not criminalised.
Example: In many cases, teenage boys have been jailed under POCSO even when the relationship was consensual and the girl, aged 17, testified in his favour.
Views of the Law Commission
The 22nd Law Commission (2023) has opposed lowering the age of consent but proposed guided judicial discretion in sentencing. It recommends that judges consider:
● Nature of relationship
● Mutual consent
● Age proximity
This, however, has not been codified in law, leaving wide scope for arbitrary application.
Challenges of the Current Legal Framework
- Rigid Age Threshold:
○ Ignores adolescent sexual maturity.
○ The universal age of puberty is close to 16. - Misuse of Law by Families:
○ Many FIRs are filed by disapproving parents.
○ Particularly misused in inter-caste/inter-faith cases. - Criminalisation of Teenage Boys:
○ Even consensual partners face prolonged trials and incarceration.
○ Affects their education, career, and social standing. - Lack of Sexual Education:
○ Adolescents are unaware of legal consequences.
○ No school curriculum addresses POCSO and its implications.
Judicial Responses and Suggested Safeguards
● In Vijayalakshmi vs. State, the Madras HC suggested:
○ A 5-year maximum age gap between the boy and girl.
○ Additional safeguards to ensure non-exploitative relationships are protected.
● SC Observation:
○ Need to balance between the protective intent of the law and natural adolescent behaviour.
International Best Practice:
New Zealand – Balanced Legal Age with Youth-Centric Approach
- Age of consent is 16, with no criminalisation of consensual activity between those of similar age.
- Authorities often use restorative justice processes rather than criminal trials in adolescent cases.
- Focus is on education, counselling, and harm minimisation rather than punishment.
Relevance for India: New Zealand’s youth-sensitive justice approach can inform India’s policy on treating adolescent sexual activity as a health and social issue rather than just a criminal one.
How This Reform Will Benefit India
- Reduce legal harassment of adolescents in genuine relationships.
- Prevent misuse of POCSO for moral policing.
- Improve judicial efficiency by reducing burden of irrelevant cases.
- Allow law enforcement to focus on real cases of abuse and trafficking.
- Strengthen child rights jurisprudence by making it rights-affirming rather than punitive.
Way Forward
- Amend POCSO to Include Close-in-Age Exception (e.g., 3-5 years).
- Train Police & Judiciary in sensitive handling of adolescent cases.
- Implement Comprehensive Sexuality Education (CSE) in schools.
- Ensure counselling and rehabilitation support over punishment.
- Encourage family and community-level mediation, where appropriate.
Conclusion: Law Must Protect, Not Punish
The POCSO Act was enacted with noble intent — to shield children from abuse. But when the same law begins to criminalise natural, consensual adolescent behaviour, it loses moral authority and legal balance. A progressive, compassionate, and contextual interpretation, as suggested by courts and experts, is necessary to prevent misuse, uphold dignity, and align law with modern developmental understanding.
Upsc prelims Practice question-
Q-Consider the following statements regarding the Protection of Children from Sexual Offences (POCSO) Act, 2012:
- It defines a child as any person below the age of 16 years.
- The Act provides for child-friendly procedures during the judicial process.
- It mandates the establishment of special courts for the trial of such offences.
Which of the statements given above is/are correct?
A. 1 and 2 only
B. 2 and 3 only
C. 1 and 3 only
D. 1, 2 and 3
Answer: B
Write your views in comment section-
Q. Do you think consensual sexual relationships between adolescents should be decriminalised? Justify with legal and social arguments.(150 words)
Note- for more detail also read-16th july article-
The Issue with Criminalising All Adolescent Relationships
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