05 Sep 2022 The Change in the Age of consent for a sexual relationship: An analysis
Context: On August 2, in Rama @ Bande Rama v. the State of Karnataka, the Karnataka High Court quashed criminal proceedings of rape and kidnapping under the Indian Penal Code and penetrative and aggravated penetrative sexual assault under the Protection of Children from Sexual Offences (POCSO) Act, 2012 against the complaint made behalf of a minor child by her father.
Introduction
A girl 17 years old had a sexual relationship with her partner of 21 years old with mutual consent but her father filed a case against the boy under the POSCO and other sections of IPC. However, the girl accepted her consent in front of the court but the prosecution argued that there is no significance of the consent of the minor girl and that the punishment should be given to the boy. But Girl argued that she had a marriage after being an adult and had a child. should it be sent to orphan houses? The honorable high court of Karnataka finally quashed the charges on the boys and also suggested the revival of the minimum age of consent for a sexual relationship
Normalcy of relationships
- In the matter of POSCO, the consensual and non-consesual relationship is just uncleared because, in the matter of a Child, the consent of a child is treated as rape also. The consensual sexual relationship in the matter of child is immaterial
- But in some case, the silence of the POSCO act on the consensual relationship adversely impact justice. If the minor children have a sexual relationship with mutually consenting and after being adults, they are married, how the charge of rape should be framed against the boys only?
- In Vijaylakshmi v. State Rep (2021), Madras high court also quashed the charges because the honorable court found that a boy had a sexual relationship with the full consent of the minor girl and she never opposed and even though he was happy with this relationship. Similarly, In the case of Raj Kumar v. State of Himachal Pradesh (2021), the Himachal Pradesh High Court allowed a petition filed by the minor girl’s father for quashing the trial against his son-in-law. The honorable court observed if criminal proceedings are allowed to continue, the same will adversely affect the married life of his daughter.
- In another case of Skhemborlang Suiting v. State of Meghalaya (2021), a boy was booked under the POSCO when he brought his wife who was of 17year to the hospital for a checkup after she became pregnant.
- After the analysis by Skhemborlang Suiting v. State of Meghalaya (2021), more than 1700 romantic cases were booked under the POSCO in various states. In these cases, more than 80 % of cases are filed after the complaint by the parents of the girl after the girl went “missing”, or eloped with her partner, or the pregnancy was discovered. In some cases the victim and the accused were married
Need for the Law Reform
The high rate of acquittals pimples that this law is beyond the social realities. In a modern society or urban society, consensual sexual relationship is very common even between the age of 16- 17. The high court also acknowledged the destructive impact of this law. The minimum age for consensual sex must be revised. It also impacts the delivery of justice as these cases constitute a large burden on our courts, and divert attention from investigation and prosecution of actual cases of child sexual abuse and exploitation.
Conclusion
As per the above discussion, it can be concluded that the law should be reformed as per the ground social reality. The POSCO act inversely impact justice and many boys are charred under the POSCO even after the marriage. Generally, parents do not file any case if the girl is not pregnant. So in such a situation injustice would be done to the newborn baby. Considering these types of ground realities, the government should reform the laws
Yojna IAS Daily current affairs eng med 5th Sep
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