Could Lowering the Age of Consent from 18 Jeopardize Child Safety?
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Key Takeaways
New Delhi, Feb 6 (NationPress) The Protection of Children from Sexual Offences (POCSO) Act, 2012, designates a child as any individual under the age of 18. The potential reduction of the age of consent or the introduction of exceptions regarding sexual conduct could jeopardize child safety, the Union government asserted in Lok Sabha on Friday.
In response to a question, Union Minister for Women and Child Development Annpurna Devi stated, "The POCSO Act does not specifically define consent, and under the existing legal framework, any sexual interaction with a person under 18 is considered an offence, regardless of any claimed consent."
"Any modification of the age of consent or the introduction of exceptions could compromise child safety, elevate the risk of exploitation, and dilute India's commitment to safeguarding children, particularly adolescent girls," the Union Minister emphasized.
Her comments were in response to inquiries from K. Subbarayan and Selvaraj V, who sought to know if the Union government's attention had been drawn to concerns raised by a two-judge bench of the Supreme Court regarding the frequent misuse of the POCSO Act, urging the Centre to contemplate a "Romeo-Juliet" clause to exempt "genuine adolescent relationships" from the Act's most severe provisions.
The Union Minister reaffirmed that the legislative decision to keep the age of consent at 18 years is a deliberate and well-considered policy choice.
The age of majority is uniformly established at 18 years across various laws to ensure consistency and coherence within the legal framework, Minister Annpurna Devi noted.
She further explained that this uniformity is maintained in laws such as the Bharatiya Nyaya Sanhita, 2023; the POCSO Act, 2012; the Prohibition of Child Marriage Act, 2006; the Hindu Adoptions and Maintenance Act, 1956; the Juvenile Justice (Care and Protection of Children) Act, 2015; and the Hindu Minority and Guardianship Act, 1956.
The legislative intent behind these laws highlights the established understanding that individuals below 18 years of age are not considered capable of providing informed consent or making decisions that may have long-term implications of which they are not fully aware," the Minister added.
"Establishing a consistent age of consent at 18 years serves to eliminate manipulation, coercion, and exploitation of minors, acknowledging that children lack the legal and psychological capacity to offer meaningful and informed consent regarding sexual matters," she stated.
Union Minister Annpurna Devi noted that the definition of a child under the POCSO Act, 2012, and other child-focused legislation aligns with India's international commitments under the United Nations Convention on the Rights of the Child, particularly Article 1.