Age of consent should be reduced to 16: Madras HC
On Friday, Madras High Court suggested that age of consent should be reduced from the current 18 years to 16 and that consensual teenage relationships should remain outside the purview of draconian POCSO Act. Justice V Parthiban made the suggestions while overruling a lower court's judgment that sentenced an accused to 10 years jail for sexually assaulting a minor. Here's what went down.
The alleged abduction of minor girl led to HC's observations
The petitioner, Sabari, a minor, was convicted by a fast track Mahila Court in Namakkal, Tamil Nadu in 2018 on charges of abducting a 17-year-old girl and raping her. According to police, Sabari 'violated' the victim in Bengaluru. Along with 10 years of rigorous punishment, Sabari was also fined Rs. 3,000. However, the girl denied coercion. The duo had lived together for six months.
Justice Parthiban noted teenage relationships can't be labeled 'unnatural'
Commenting on the case, Justice Parthiban said it was important to broaden thoughts. He said when a girl, who is below 18 years, gets involved with a teenage or little over a teenage boy, questions arise on how the relationship should be defined. "Such relationships would be the result of mutual innocence and biological attraction and cannot be construed as unnatural," he said.
"Consensual sex after age 16 should be excluded from POCSO"
"Any consensual sex after age of 16 or bodily contact could be excluded from the rigorous provisions of POCSO Act, and sexual assault could be tried under more liberal provisions which can be introduced in the Act, differentiating sexual assault and teenage relationships," he said.
Judge listed the fault lines in POCSO Act
Justice Parthiban said even though a girl over 16 is mentally mature to give consent, the provisions of the POCSO Act apply to relationships which aren't platonic. As a result, the 'offender' gets 7-10 years of punishment. "Therefore, on a profound consideration of the ground realities, the definition of 'Child' can be redefined as 16 instead of 18," he suggested.
A few supported the idea, others didn't
Co-founder of Tulir, Vidya Reddy, spoke in favor of the changes. "The move was suggested in the fourth draft when POCSO was being framed. It was removed from the final Act on 'moralistic grounds'. When they say the age has been lowered to 16, there is a qualification as to how the consent was obtained," she said. However, some felt the amendments may be misused.
Expert felt important cases could be shut this way
"There are chances that cases like Pollachi gang-rape - where there seems to be a clear intention of deceit -- may be closed by concluding the relationship was consensual," Andrew Sesuraj of TN Child Rights Observatory told NIE.
