16 Nov 2022 Protection of Children from Sexual Offences (POCSO) Act, 2012
Significance for Prelims: Key provisions of the POCSO Act
Significance for Mains: Issues associated with POCSO law; Justice J.S. Verma Committee on Amendments to Criminal Law; Way forward
News: Karnataka High Court dismissed a case filed under the Protection of Children from Sexual Offences Act, 2012. High Court noted various instances of sexual intercourse as a result of mutual love affairs amongst minor girls and boys aged above 16 but below 18.
Terms of POCSO Act:
- Aim of POCSO Act: To protect children from sexual abuse also the Act raises the consent age for sexual intercourse from 16 to 18 years.
- Under the POCSO Act of 2012 and several IPC clauses, If anyone engages in a penetrative sexual assault on a minor under the age of 18 , then he or she can be “imprisoned for a term which is not less than seven years but which may extend to imprisonment for life, and shall also be liable to [a] fine.”
- Under the POCSO Act, 16 years old girl is considered a “child” and hence her consent does not matter. So, any sexual intercourse is treated as rape and this may lead to stringent punishment.
- POCSO Act, 2012 and several provisions of the IPC treat any sexual intercourse as rape if children below 18 years of age are involved.
Issues associated with POCSO law:
- Severe distress to concerned families of boys and girls: Various court judgements including the one by Karnataka High Court said that criminal prosecution of a minor girl or boy under POCSO is negatively affecting families.
- Most often disgruntled parents file cases to foil the relationship between two adolescents. Since in many cases couple elopes due to fear of opposition from parents. But families file a police case against the boy under the POCSO Act and abduction with the intent to marry under IPC or the Prohibition of Child Marriage Act, 2006.
- Parents often want to control the marriage choices of their sons and daughter. Hence, they misuse the law for the same.
- Clause of mandatory reporting: According to Section 19 of the POCSO Act, anybody, including children, if suspected that an offence is likely to be committed under the Act or about to be committed is required to report it.
- Contrary to sciences leading to unhealthy development of young minds. Under the Act, a case is only registered against a boy and the girl is an aggrieved party. This means that young women do not have a sexual identity.
- Even cases of elopements and love affairs or cases of ‘non-serious’ offences were transferred to the POCSO court.
- Immense psycho-social trauma due to draconian aspects of the POCSO Act negatively affects healthy or normal adolescent development and sexuality.
- Another issue that may make women more vulnerable: The government is seeking an amendment to the Prohibition of Child Marriage (Amendment) Bill, 2021 that will increase the minimum age of marriage for women from 18 to 21 years.
Various Judgements and Committees:
- Vijaylakshmi vs State Rep case,2016: Madras High Court dismissed a POCSO case by saying that the definition of ‘child’ under Section 2(d) of the POCSO Act can be redefined as 16 instead of 18. It further added that rigorous provisions of the POCSO Act should exclude bodily contact or allied acts or consensual sex after the age of 16.
- Justice J.S. Verma Committee on Amendments to Criminal Law recommended a reduction in the age of consent to 16, and also calls for necessary amendments in the POCSO Act.
- High Court of Karnataka directed State Education Department, to set up a committee to evolve a mechanism for educating students about the acts, which are criminalised under the Protection of Children from Sexual Offences (POCSO) Act, 2012 and the Indian Penal Code (IPC).
Way forward:
- Decriminalise sex among older adolescents to protect them from the misuse of the law by lowering the age of consent to the age of marriage.
- Implement the suggestion of Courts that differences in consensual relationships should not be more than five years. It will also ensure that a much older person is not able to take advantage of girls of an impressionable age.
- Long-term solution: Amendment to the age of consent criteria in the POCSO Act.
- Awareness building among adolescents regarding stringent provisions of the POCSO Act and Indian Penal Code(IPC) through educational material for adolescents on the law on sexual offences and its consequences.
- Investigation and prosecution must consider the realities of adolescent attraction at the age of 16 and the ascertainment of consent while protecting vulnerable children from sexual assault or exploitation or grooming.
Conclusion: POCSO Act must stay in tune with the times and ground realities. The Law Commission must ensure actual implementation of the POCSO Act so that Act remains true to its broad intent i.e. the protection of children
Further reading:
- Justice J.S. Verma Committee
- Sexual Harassment of Women at Work Place (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act)
Prelims Question(2018):
Q1. International Labour Organization’s Conventions 138 and 182 are related to
(a) Child labour
(b) Adaptation of agricultural practices to global climate change
(c) Regulation of food price
(d) ) Gender parity at the workplace
Mains Question(2021):
- “Though women in post-Independent India have excelled in various fields, the social attitude towards women and feminist movement has been patriarchal.” Apart from women’s education and women empowerment schemes, what interventions can help change this milieu?
Source: The Hindu
Article: Explained | Should the age of consent be changed for adolescents?; HC says Law Commission needs to rethink age criteria for consensual sex; Considering consent: On POCSO Act and the age of consent; The persecution of consent( S. POORVAJA)
Article Link:
https://www.thehindu.com/news/national/karnataka/hc-says-law-commission-needs-to-rethink-age-criteria-for-consensual-sex/article66107625.ece
https://www.thehindu.com/news/national/explained-should-the-age-of-consent-be-changed-for-adolescents/article66112727.ece
https://www.thehindu.com/opinion/editorial/considering-consent-the-hindu-editorial-on-pocso-act-and-the-age-of-consent/article66115764.ece
https://www.thehindu.com/news/national/tamil-nadu/the-persecution-of-consent/article65960513.ece
Yojna IAS Daily current affairs eng med 16th November
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