Today, On 17th September, Senior Advocate Indira Jaising has successfully requested the Supreme Court to refer the matter to a three-judge bench, as the apex court agrees to revisit the sensitive issue of age of consent under POCSO.
The Supreme Court agreed to hear a plea that seeks reconsideration of the age of consent under the Protection of Children from Sexual Offences (POCSO) Act and examine possible exceptions for adolescent relationships.
The Union government has opposed such changes, warning that any dilution of the law could weaken child protection.
The matter came up before a bench of Justice Vikram Nath and Justice Sandeep Mehta.
Senior Advocate Indira Jaising appeared virtually in the case.
At the beginning of the hearing, she remarked,
“I am guessing that the matter will not come up today.”
Responding to her, Justice Nath said,
“Yes.”
Jaising then requested that the issue be referred to a larger bench. She submitted that since the matter involves significant legal and social implications, it should be placed before three judges.
The court agreed to her request.
Jaising and senior advocate Sidharth Luthra are providing assistance to the Supreme Court in a public interest litigation initiated by advocate Nipun Saxena in 2012.
The POCSO Act, enacted in 2012, sets the age of consent at 18 years. This means that any sexual activity with a person below 18, even if consensual, is treated as statutory rape. While the Act was designed to safeguard children from exploitation and abuse, it has led to concerns when applied to consensual adolescent relationships.
Earlier, The Union government expressed strong opposition against any proposals to lower the age of consent under the Protection of Children from Sexual Offences (POCSO) Act or to create exceptions for adolescent relationships.
Case Title: NIPUN SAXENA AND ANR. V UNION OF INDIA AND ORS W.P.(C) No. 565/2012