Today, On 9th July, The Supreme Court noted that many people are unaware that the age of consent for sex has been raised from 16 to 18 years. This observation came as the Court dismissed an appeal by the Madhya Pradesh government challenging the acquittal of an accused under the Protection of Children from Sexual Offences (POCSO) Act.
New Delhi: According to the Supreme Court, it revealed on Tuesday that the general public is largely uninformed about the recent increase in the age of consent for sexual intercourse with a girl. Previously, the age of consent was 16 years, but it has now been raised to 18 years.
This information emerged during the dismissal of the Madhya Pradesh government‘s appeal against the acquittal of an individual accused under the Protection of Children from Sexual Offences Act (POCSO Act).
The case presided over by a Bench that included Justices Sanjiv Khanna, Sanjay Karol, and PV Sanjay Kumar.
Justice Khanna noted before closing the case,
“Many people remain unaware that the age of consent has been raised from 16 to 18. Otherwise, families could intervene and advise waiting until 18,”
In 2012, India increased the age of consent from 16 to 18 with the implementation of the POCSO Act and subsequent amendments to the Indian Penal Code (IPC).
Judicial members frequently highlighted challenges in proceeding with trials under the POCSO Act, particularly in cases involving consensual relationships with young girls. These situations often result in the prosecution of the male partner, even in consensual romantic and sexual relationships.
Complications arise when the couple is married with children by the time the trial commences, as punishing the accused can leave the woman and the child in a vulnerable position.
In December 2022, Chief Justice of India DY Chandrachud pointed out that the current age of consent under the Act presents difficult questions for judges handling such cases and that the legislature needs to address the growing concerns surrounding this issue.
Former Supreme Court judge Justice Indira Banerjee also expressed similar concerns earlier that year.
Last year, the Madhya Pradesh High Court urged the Central government to lower the age of consent for sex to 16, aiming to address the “injustice experienced by adolescent boys” involved in consensual sexual relationships.
In contrast, the 22nd Law Commission, led by Justice Ritu Raj Awasthi, decided in September of last year that the current age of consent at 18 should remain unchanged.
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Instead of altering the age of consent, the Commission suggested amendments to the POCSO Act to better handle cases where minors aged 16 to 18 are in consensual relationships.
The Commission emphasized that such cases should be distinguished from more severe offences under the Act.
While the Supreme Court’s decision to raise the age of consent marks a pivotal step in strengthening legal protections for minors, the lack of widespread awareness about this change presents a challenge that must be addressed through concerted educational efforts