Not advisable to tinker with existing age of consent under POCSO Act: Law Commission to govt
Law Commission has advised the government not to tinker with the existing age of consent under the POCSO Act and suggested introducing guided judicial discretion in the matter of sentencing in cases involving tacit approval of children in the 16-18 age bracket. The current age of consent in India is 18 years.
The Law Commission has submitted its report on the age of consent under the Protection of Children from Sexual Offences (POCSO) Act to the Law Ministry in which it has suggested that amendments are needed in the legislation to remedy the situation in cases involving tacit approval, though not consent in law, on the part of children aged between 16 and 18.
The panel, headed by former chief justice of the Karnataka High Court Justice Ritu Raj Awasthi, said it had considered all the views and suggestions given in connection with cases involving those between the age of 16 and 18.
The panel said reducing the age of consent will have direct and negative bearing on the fight against child marriage and child trafficking and also advised courts to tread with caution even in cases where it is observed that adolescent love cannot be controlled and criminal intention may be missing.
The law panel report said that after a careful review of existing child protection laws, various judgements and considering the maladies of child abuse, child trafficking and child prostitution that plague our society, the commission is of the measured view that «it is not advisable to tinker with the existing age of consent under the POCSO Act».
