In a significant judgment, the Calcutta High Court has underscored the complexities surrounding consensual sexual relationships among adolescents. The court observed that non-exploitative sexual relationships without any malicious intent are increasingly prevalent among the country’s youth. It further highlighted that the current legal framework, which fails to recognize consensual sexual behavior of older adolescents, leads to their automatic criminalization. This, in turn, blurs the lines between consensual and non-consensual acts.
The court’s observations came as it set aside a conviction order against an appellant who had been sentenced to 20 years in prison on charges of kidnapping a minor under the Indian Penal Code (IPC) and aggravated penetrative sexual assault under the POCSO (Protection of Children Against Sexual Offences) Act.
The bench, comprising Justices Chitta Ranjan Dash and Partha Sarathi Sen, noted that both the appellant and the victim were adolescents who had engaged in a consensual relationship. The victim had voluntarily gone to the appellant’s residence, assuming the role of his wife, and later gave birth to a child.
Highlighting the nuances of the case, the court cited the victim’s statement:
“The victim stated before us that she and her husband belong to a rural area and that they do not have knowledge that their relationship and marriage constitute an offence.”
The court further observed,
“By equating consensual and non-exploitative sexual acts with rape and (aggravated) penetrative sexual assault, the law undermines the bodily integrity and dignity of adolescents.”
The court emphasized that while the primary objective might be to shield children below 18 years from sexual exploitation, the law’s unintended consequence has been the curtailment of liberty for young individuals in consensual relationships.
“The POCSO Act lumps all persons below 18 years together without consideration for their developing sexuality, evolving capacity, and the impact of such criminalization on their best interests,”
the Calcutta High Court added.
In light of these observations, the court has urged the Law Commission and the National Commission for Protection of Child Rights (NCPCR) to contemplate revising the age of consent among consenting adolescents. The court hopes that these bodies will provide their recommendations to the relevant government authorities, ensuring a more nuanced approach to the issue.
