Why in news?

• The Law Commission has recommended the government to retain the existing age of consent under the Protection of Children from Sexual Offences (POCSO) Act.
  • The current age of consent in India is 18 years.
• The commission noted that reducing the age of consent might have damaging effects on fighting child marriage and child trafficking.

What’s in today’s article?

• The Protection of Children from Sexual Offences (POCSO) Act
• What is the Issue of Minors being Booked for Consensual Act?
• News Summary

The Protection of Children from Sexual Offences (POCSO) Act:

• About:
  • It is the first comprehensive law in the country dealing specifically with sexual abuse of children, enacted in 2012 and is administered by the Ministry of Women and Child Development.
  • It was intended to protect children from sexual assault, sexual harassment and pornographic violations, as well as to establish Special Courts for such trials.
  • In 2019, the Act was amended to strengthen the penalties for specified offences in order to deter abusers and promote a dignified upbringing.
• Key provisions:
  • Gender-neutral legislation: The Act defines a child as "any person" under the age of 18.
  • Non-reporting is a crime: Any person in charge of an institution (excluding children) who fails to report the commission of a sexual offence involving a subordinate faces punishment.
  • No time limit for reporting abuse: A victim may report an offence at any time, even years after the abuse has occurred.
  • Keeping victim’s identity confidential: The Act forbids the disclosure of the victim's identity in any form of media unless authorised by the special courts established by the Act.
• Concerns:
  • Such abuse is on the rise: Particularly since the Covid-19 outbreak, when new forms of cybercrime have emerged.
  • Lack of awareness or knowledge: On the part of minor girls, boys, parents and society as a whole.
  • Criminalisation of adolescent sex: The CJI D Y Chandrachud asked lawmakers to look into growing concern over criminalisation under the POCSO Act of adolescents who engage in consensual sexual activity.

What is the Issue of Minors being Booked for Minors Consensual Act?

• Minors aged between 16 and 18 who engage in a consensual act that may come under the definition of sexual activity under the law run the risk of being booked under POCSO.
• While these cases of adolescent sex may not necessarily result in conviction of a minor boy, the law is such that it could result in denial of bail and prolonged detention.
• According to a study, one in every four cases under the POCSO Act in West Bengal, Assam and Maharashtra constituted “romantic cases” where the victim was found to be in a consensual relationship with the accused.

News Summary: Law Commission against lowering age of consent under POCSO Act

• The 22nd Law Commission, headed by Justice (Retired) Ritu Raj Awasthi, submitted its report (no. 283) to the Law Ministry recently.

Key highlights of the report

• Govt should not reduce the age of consent
  • It said that reducing the age of consent would have a direct and negative bearing on the fight against child marriage and child trafficking.
• Tacit approval of children in the 16-18 age bracket
  • The Law panel suggested amendments in the POCSO Act, 2012 for cases where children aged 16 to 18 give tacit approval, not legal consent.
  • The panel also advised the courts to tread with caution even in cases related to adolescent love, where criminal intention may be missing.
    • This will ensure that the law is balanced, thus safeguarding the best interests of the child.

Reporting crime in real time

• The Law Commission also submitted a report in which it recommended rolling out the registration of e-FIRs in a phased manner, beginning with offences that attract a jail term of up to three years.
• The panel said that e-FIRs will tackle the persisting issue of delays in the registration of FIRs, and will allow citizens to report crimes in real time.