Keywords – Madhya Pradesh High Court, Central government, Consent, Reduce, Adolescent .
The judge also opined that due to their exposure to social media, adolescents were “getting puberty in early age” and entering into consensual sexual relationships before turning adults.
Madhya Pradesh High Court urges Central government to lower age of consent to 16 years for adolescent boys.
The Madhya Pradesh High Court has called for a reduction in the age of consent for sexual relationships from 18 to 16 years for adolescent boys. The court expressed concern over the perceived injustice faced by boys who engage in consensual sexual relationships. It cited the Criminal Law (Amendment) Act of 2013, which raised the age of consent for girls to 18 years, as a factor that has caused imbalance in society.
According to Justice Deepak Kumar Agarwal, the current age of consent has resulted in adolescent boys being treated as criminals, leading to unfair treatment. The judge noted that adolescents, due to their exposure to social media, are experiencing puberty at an early age and engaging in consensual sexual relationships before reaching adulthood.
The court made these observations while addressing a criminal case involving a 23-year-old man accused of rape, among other offenses. The judge referred to a previous ruling by the Madras High Court that highlighted the misuse of the Protection of Children from Sexual Offences Act (POCSO Act) in prosecuting teenage boys involved in relationships with minor girls. It was emphasized that the intention of the POCSO Act was not to punish adolescent boys in such situations.
Justice Agarwal also emphasized that adolescents in the age group of the victim are capable of making informed decisions regarding their well-being, considering their physical and mental development.
In the specific case before the court, where a complaint was filed against the accused for rape and other offenses, the court found no intention to commit a wrongful act and decided to quash the FIR (First Information Report) along with all subsequent proceedings.
The court’s plea to reduce the age of consent aims to address the perceived injustice faced by adolescent boys and allow for a more balanced approach in handling consensual relationships involving minors.
Written by- Anjali Sudha, College name – Haridev law college, Kashipur Semester- 6th sem an intern under Legal Vidhiya
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