Considering consent – The POCSO Act | 10th November 2022 | UPSC Daily Editorial Analysis
What's the article about?
- It talks about reducing the age of consent from 18 years to 16 years in the POCSO Act.
Relevance:
- GS2: Mechanisms, Laws, Institutions and Bodies constituted for the Protection and Betterment of these Vulnerable Sections.
What's the crux of the article?
- Recently, the Dharwad Bench of the Karnataka High Court asked the Law Commission of India to rethink the criteria for age of consent, “taking into consideration the ground realities.”
- The majority of the adolescents girls and boys booked in the POCSO cases, according to HC, are between the ages of 16 and 18.
- They fell in love and eloped with the intention of getting married consensually.
- After the registration of cases under the POCSO Act, boys face criminal prosecution, and the girls are sent to government institutions.
- Such a recourse has lifelong consequences for both girls and boys and jeopardises their future.
- The Law Commission of India must therefore review the POCSO Act's provisions and consider lowering the consent age.
The Protection of Children from Sexual Offences Act, 2012 (POCSO Act)
- It was enacted to protect children aged less than 18 from sexual assault sexual abuse, sexual harassment, and pornography.
- It is gender-neutral and prioritises the child’s best interests at all stages to guarantee that the child’s physical, emotional, intellectual, and social development are all healthy.
- Anyone under the age of 18 is a kid under the Act. It prioritises the child’s best interests and well-being to ensure the child’s healthy physical, emotional, cognitive, and social development.
- It differentiates between many sorts of sexual abuse, such as penetrative and non-penetrative assault, sexual harassment, and pornography.
- The Act imposes heavy penalties that are graded based on the seriousness of the offence, with a maximum punishment of life imprisonment.
What is meant by the Age of Consent:
- It is the age at which a person becomes legally competent to consent to marriage or sexual intercourse.
- In India, under various laws such as POCSO, it is 18 years.
- In the past, the Justice J.S. Verma Committee on Amendments to Criminal Law also recommended that the age of consent be reduced to 16, and necessary amendments be made in the POCSO Act.
Law Commission in India (LCI):
- It is an executive body to undertake research in law and review of existing laws in India for making reforms therein and enacting new legislations.
- First LCI in British India: in 1834 under the Charter Act of 1833 – Lord Macaulay Commission
- First LCI in Independent India: in 1955 with the then Attorney-General of India, Mr M. C. Setalvad, as its Chairman.
- The recommendations of the commission are not binding on the government.
Way Forward:
- As much as the laws of a country must adhere to the principle of justice and fairness, they also need to stay in tune with the times. The Law Commission should review this provision and also ensure that the POCSO Act stays true to its broad intent — the protection of children.
Recent Articles
- Most Important Acts, Bills in News 2024
- Most Important Places in News 2024
- Mains Monthly Magazine: December 2023
- An exchange – Analyzing the Vaibhav Fellowship Program | 26 January 2024 | UPSC Daily Editorial Analysis
- India’s problem — different drugs, identical brand names – Drug Name Confusion Threatens Patient Safety in India | 25 January 2024 | UPSC Daily Editorial Analysis
- The truth about India’s booming toy exports – Protectionism or Productivity? | 24 January 2024 | UPSC Daily Editorial Analysis
- Tax contribution by States needs to be revisited – Time to Recognize State Efficiency through Tax Contribution | 23 January 2024 | UPSC Daily Editorial Analysis
- A revival of the IMEC idea amid choppy geopolitics – Could India-Middle East-Europe Economic Corridor (IMEC) become the New Silk Road? | 22 January 2024 | UPSC Daily Editorial Analysis
- Gearing up for change – Monsoon Trends in India: Analyzing the Impact on Agriculture and Climate Resilience | 20 January 2024 | UPSC Daily Editorial Analysis
- Crafting a new phase in India-U.K. defence ties – Strengthening India-U.K. Defense Cooperation | 19 January 2024 | UPSC Daily Editorial Analysis
Popular Articles
- UPSC CSE 2022 Mains GS 1 Paper Model Answers
- Model Answers for UPSC CSE 2021 GS 2 Paper
- SPR 2023 | SPECIES IN NEWS
- UPSC CSE 2023 Mains GS 2 Paper Model Answers
- Model Answers for UPSC CSE 2020 GS 2 Paper
- UPSC CSE 2023 Mains GS 1 Paper Model Answers
- PDS: objectives, functioning, limitations, revamping
- Land Revenue System during British rule in India
- Govt policies & interventions for development in various sectors, and issues arising out of their design and implementation
- UPSC CSE 2022 Mains GS 2 Paper Model Answers
Popular Topics
ART & CULTURE
CASE STUDIES
COMMITTEES & SUMMITS
DISASTER MANAGEMENT
ECONOMICS
ECONOMICS PREMIUM
ECONOMICS STATIC
ECONOMIC SURVEY
EDITORIAL
ENVIRONMENT & ECOLOGY
ENVIRONMENT PREMIUM
ETHICS
GEOGRAPHY
GEOGRAPHY PREMIUM
GEOGRAPHY STATIC
HEALTH
HISTORY
HISTORY PREMIUM
HISTORY STATIC
INDIAN POLITY
INDIAN POLITY PREMIUM
INDIAN POLITY STATIC
INTEGRITY & APTITUDE
INTERNAL SECURITY & DEFENSE
INTERNATIONAL RELATIONS
LITE SUBSCRIPTION PREMIUM
MAINS
MAINS CORNER PREMIUM
PLUS SUBSCRIPTION PREMIUM
POLITY & GOVERNANCE
PRELIMS
PRELIMS CURRENT AFFAIRS MAGAZINE
PRO SUBSCRIPTION PREMIUM
REPORTS
SAMAJHO'S CORNER PREMIUM
SAMAJHO ANALYSIS
SAMAJHO CORNER PREMIUM
SCIENCE & TECHNOLOGY
SELF PREPARATION
SMAP ANSWER WRITING
SOCIETY
SPR
SYLLABUS
TELEGRAM
YOJANA GIST