Daily Current Affairs : 30-September-2023
The 22nd Law Commission, under Justice (Retired) Ritu Raj Awasthi, recently submitted a comprehensive report on the ‘Age of Consent under the Protection of Children from Sexual Offences (POCSO) Act, 2012.’ This report has sparked significant discussions regarding the age of consent for adolescents between 16 to 18 years old. The recommendations made by the Law Commission have both supporters and critics, and it’s crucial to delve into the key highlights, criticisms, and possible solutions suggested.
Key Highlights of the Recent Report
- Tacit Approval and Guided Judicial Discretion
- Amendments proposed for cases involving tacit approval of children aged 16 to 18 years.
- Introduction of “guided judicial discretion” in sentencing for these cases.
- Role of Special Court and Amendments in Juvenile Justice Act
- Recommendations to amend Sections 4 and 8 of the POCSO Act for lesser sentences in cases involving adolescents aged 16 and above.
- Proposed changes in Section 18 of the Juvenile Justice Act and corresponding modifications in IPC Sections 375 and 376.
- Other Recommendations
- Introduction of real-time crime reporting through phased implementation of e-FIRs for offenses with up to three years of imprisonment.
Criticism Against the Recommendations
- Unintended Consequences and Exploitation
- Concerns about unintended consequences if the age of consent is reduced to 16.
- Fear of increased child marriages and exploitation of young girls.
- Impact on Effectiveness of POCSO Act
- POCSO Act’s efficacy in combating child trafficking and prostitution might diminish.
- Mental trauma faced by children due to consensual acts falling under the POCSO Act’s ambit.
- Socio-Economic Factors and Legal System Loopholes
- Fear that lowering the age of consent may perpetuate multi-generational poverty.
- Courts’ failure to address the reasons behind victims’ cooperation or their encouragement for victims to marry their abusers.
- Digital Vulnerability
- Increased risks faced by children in the digital world.
Possible Solutions Recommended by the Law Commission
- Options for Age of Consent
- Blanket reduction of the age of consent to 16 years, reverting to the pre-POCSO Act situation.
- Introduction of a limited exception for consensual relationships involving adolescents aged 16 to 18 years.
- Incorporation of judicial discretion in sentencing for consensual relationships within this age bracket.
Important Points:
Key Highlights of the Recent Report:
- Proposed amendments for cases involving tacit approval of children aged 16 to 18 years under POCSO Act.
- Introduction of “guided judicial discretion” in sentencing for cases involving adolescents’ tacit approval.
- Recommendations to amend Sections 4 and 8 of the POCSO Act for lesser sentences in cases involving adolescents aged 16 and above.
- Proposed changes in Section 18 of the Juvenile Justice Act and corresponding modifications in IPC Sections 375 and 376.
- Recommendation to implement real-time crime reporting through phased introduction of e-FIRs for offenses with up to three years of imprisonment.
Criticism Against the Recommendations:
- Concerns about unintended consequences if the age of consent is reduced to 16.
- Fear of increased child marriages and exploitation of young girls.
- Diminished efficacy of POCSO Act in combating child trafficking and prostitution.
- Mental trauma faced by children due to consensual acts falling under the POCSO Act’s ambit.
- Potential perpetuation of multi-generational poverty due to lowered age of consent.
- Courts’ failure to address reasons behind victims’ cooperation or their encouragement for victims to marry their abusers.
- Increased risks faced by children in the digital world.
Possible Solutions Recommended by the Law Commission:
- Blanket reduction of the age of consent to 16 years.
- Introduction of a limited exception for consensual relationships involving adolescents aged 16 to 18 years.
- Incorporation of judicial discretion in sentencing for consensual relationships within the age bracket.
Why In News
The 22nd Law Commission, led by Justice (Retired) Ritu Raj Awasthi, diligently examined and presented its comprehensive Report on ‘Age of Consent under the Protection of Children from Sexual Offences Act, 2012’ to the Ministry of Law & Justice, providing valuable insights and recommendations for the enhancement of legal protections for children.
MCQs about POCSO Act Amendments
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What is the main focus of the Law Commission’s recommendations in the essay regarding the POCSO Act?
A. Reducing the age of consent to 16 years
B. Introducing judicial discretion in sentencing
C. Both A and B
D. Maintaining the status quo
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What is the primary concern raised by critics regarding the potential reduction in the age of consent?
A. Fear of increased child marriages
B. Diminished efficacy of the POCSO Act
C. Both A and B
D. Ensuring justice for victims
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What is the proposed solution to address consensual relationships involving adolescents aged 16 to 18 years?
A. Blanket reduction of the age of consent to 16 years
B. Introduction of judicial discretion in sentencing
C. A limited exception for such relationships
D. Maintaining the existing laws
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what issue might arise if the age of consent is lowered in the digital age?
A. Increased risk of child marriages
B. Enhanced protection for adolescents
C. Greater vulnerability for children in the digital world
D. Strengthening of the POCSO Act
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