Law Commission Against Lowering Age of Consent in POCSO Act

The 22nd Law Commission of India has advised the government against lowering the age of consent from 18 to 16 years under the Protection of Children from Sexual Offences (POCSO) Act, 2012.

The gender-neutral POCSO Act came into effect on 14th November, 2012 as a consequence to India’s ratification of the UN Convention on the Rights of Child, 1992.

The main aim of this act is to address and deal with sexual abuses that are not specifically defined or adequately penalized.

It defines a ‘child’ as a person below the age of 18 years. Under the Act, consensual sexual activity between a minor and an adult is considered a crime.

This act was amended in the year 2019 and in 2020, the Central Government had also notified certain rules under this Act.

In recent times, there was a growing demand amongst some sections of society that wanted the lowering of the age of consent under the act from 18 years to 16 years.

In a report submitted to the Union Law Ministry, the Commission said that lowering the age of consent could have a number of negative consequences, including:

• It could increase the risk of child marriage and child trafficking.
• It could make it more difficult to prosecute perpetrators of sexual abuse against minors.
• It could send the wrong message to society that sexual activity with minors is acceptable under certain circumstances.

The Commission also noted that the age of consent is 18 years in most countries around the world.

The Commission’s recommendation against lowering the age of consent is significant, as there has been some debate on the issue in recent years.

Some people have argued that the age of consent should be lowered to 16 years to reflect the changing social realities and to allow for consensual sexual activity between teenagers.

However, the Commission’s report makes it clear that the government should not tinker with the existing age of consent.

The Commission’s recommendation is based on a sound understanding of the risks and consequences of lowering the age of consent. It is also in line with international best practices.

The government should accept the Law Commission’s recommendation and retain the existing age of consent in the POCSO Act.

This will protect children from sexual abuse and exploitation, and send a strong message that society will not tolerate such crimes.