The Law Commission has advised the government against fiddling with the existing age of consent under the Protection of Children from Sexual Offences (POCSO) Act. The Commission in its report to Union Law Ministry also suggested introducing guided judicial discretion in the matter of sentencing in cases involving tacit approval of children in the 16-18 age group, reported PTI.
The current age of consent in India is 18.
The panel said that reducing the age of consent will have direct and negative bearing on the fight against child marriage and child trafficking. It also advised the courts to approach such cases with caution.
“After a careful review of existing child protection laws, various judgements and considering the maladies of child abuse, child trafficking and child prostitution that plague our society, the Commission is of the measured view that it is not advisable to tinker with the existing age of consent under the POCSO Act,” the panel said in its report.
The panel headed by Ritu Raj Awasthi, former chief justice of Karnataka High Court, had submitted two reports to the Union law ministry, one regarding the conset of age under the POCSO Act and another on the online filing of FIRs.
Debate over the age of consent under POCSO Act has been going on for sometime now. In December last year, Chief Justice of India D.Y. Chandrachud had urged parliament to address growing concerns related to the age of consent under the POCSO Act.
“The Commission...deems it fit to introduce guided judicial discretion in the matter of sentencing in such cases. This will ensure that the law is balanced, thus safeguarding the best interests of the child,” the report further added.
