The Supreme Court remarked on Tuesday that the public is largely unaware that the age of consent for sexual intercourse with a girl has been raised from 16 years to 18 years.
Today, a bench comprising Justices Sanjiv Khanna, Sanjay Karol, and PV Sanjay Kumar dismissed the Madhya Pradesh government’s appeal against the acquittal of an accused in a case under the Protection of Children from Sexual Offences Act (POCSO Act).
“Awareness is still not there that age of consent has been increased from 16 to 18. Else families can intervene and while opposing also say wait till 18,” Justice Khanna remarked before disposing of the matter.
The age of consent in India was increased from 16 to 18 years in 2012 with the implementation of the POSCO Act and subsequent amendments to the Indian Penal Code (IPC).
Multiple members of the judiciary have highlighted issues in proceeding with trials in POCSO cases involving consenting girls. They point out that consensual romantic and sexual relationships involving young girls often result in prosecution against the male partner.
In many cases, by the time the trial begins, the couple may already be married with children, presenting additional challenges. Punishing the accused could potentially leave the woman and her children to fend for themselves.
Chief Justice of India DY Chandrachud remarked in December 2022 that the current age of consent under the Act raises challenging questions for judges handling such cases. He emphasized that the increasing concern over this issue warrants consideration by the legislature.
Former Supreme Court judge Justice Indira Banerjee had earlier in the same year expressed a similar viewpoint.
Last year, the Madhya Pradesh High Court urged the Central government to lower the age of consent for sexual relations to 16, aiming to address what it described as “injustice faced by adolescent boys” involved in consensual sexual relationships.
The 22nd Law Commission chaired by Justice Ritu Raj Awasthi in September last year, however, took the view that the existing age of consent of 18 years should not be tinkered with.
The Commission instead proposed amendments to the POCSO Act to address situations where there is approval, even if not explicit consent in the eyes of the law, from children aged between 16 and 18 years who are in intimate relationships.
According to the Commission, such cases should not be treated with the same severity as other offences under the Act.