NCPCR disagrees with Law Commission on Age of Consent, will advise the government not to accept the recommendations!
In view of the ever increasing crime and child sexual abuse, what should be the right age of consent to have physical relations?
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In view of the ever increasing crime and child sexual abuse, what should be the right age of consent to have physical relations? There is a continuous debate on this question. The Law Commission has sent several important recommendations to the government regarding the age of consent. The apex child rights body in the country – National Commission for Protection of Child Rights (NCPCR) has indicated that it will advise the government not to accept the recommendations of the Law Commission.
Silent acceptance is a very sensitive topic
In this case involving teenagers aged between 16 to 18 years, sources quoting NCPCR said that guided judicial discretion should not be used in such a sensitive matter. According to NCPCR sources, such cases are heard under the Protection of Children from Sexual Offenses Act (POCSO). In such a situation, silent acceptance is a very sensitive subject.
Misleading arguments on implementation of the POCSO Act
According to sources, NCPCR has also put in the dock the policy published jointly by Enfold Proactive Health Trust, UNFPA and UNICEF. Questioning the authenticity of the report, NCPCR said that it contains misleading arguments on the implementation of the POCSO Act. The Law Commission has incorporated parts of this report into its recommendations on the matter of age of consent.
What is the basis of NCPCR's disagreement?
Giving reasons for disagreement with the Law Commission, NCPCR has said that the report which the Commission has mentioned in its recommendations, has studied and reviewed the court orders. After the report of Karnataka's NGO Enfold came out, NCPCR said that without studying the actual cases, it has been said that 25 percent of the cases under POCSO are those which are romantic relationships, which is completely wrong. NCPCR claims that the actual reality is different from the claims of the Law Commission.
Government serious on stopping sexual exploitation of teenagers
Actually, under the POCSO law, a teenager below 18 years of age is considered a minor. There is confusion over the age of consent in such cases of harassment. For this reason, it becomes challenging to prove the physical relationship between an adolescent boy and a teenage girl as sexual abuse.
Importance of Law Commission in legal matters
Last year, the Delhi High Court, while granting bail to a young man who married a 17-year-old girl, had said that the purpose of POCSO is to protect children from sexual exploitation. Under POCSO, a person cannot be considered a criminal because of a consensual relationship between adults. Let us tell you, every three years a Law Commission is formed, which advises the government in difficult matters.