The CJI stated that judges from all judicial spectrums have challenging decisions in cases falling under this category under the POCSO Act.
On Saturday, Chief Justice of India DY Chandrachud noted that the 18-year-old age of consent under the Protection of Children from Sexual Offenses Act (POCSO Act) raises challenging issues for judges handling these cases and that the legislature should take into account the growing concern surrounding this issue.
The Supreme Court Committee on Juvenile Justice, in collaboration with UNICEF, hosted a two-day nationwide consultation on the POCSO Act, where the CJI provided the keynote presentation.
The decisions rendered by POCSO courts in “romantic instances,” or situations where consenting teens engage in sexual activity, were one of the subjects that came up at today’s consultation meeting.
CJI Chandrachud discussed the matter and remarked,
“You are aware that the POCSO Act makes any sexual actions between persons under the age of 18 illegal, regardless of the presence or absence of factual consent among the minors, as the law presumes that there is no consent among those under the age of 18. In my experience as a judge, I’ve observed that cases in this category raise complex issues for all types of judges. The worry about the matter is growing, and the legislature needs to take it into account in light of credible research from professionals in teenage healthcare. As we see in courts every day, this subject is quite contentious, therefore I should end it here.”
The CJI made this statement just days after the Madras High Court declared that it is “eagerly waiting” for the legislature to lower the POCSO Act’s minimum consent age from the existing 18 years.
However, as long as the POCSO Act classifies anybody below the age of 18 as a minor, the Court could not construe the age of consent in any other way.
“Contrarily, according to the legislation, anyone under the age of 18 is considered a child. Since it is an appellate court, this court can only make final factual determinations within the boundaries of the law. Like my scholarly brethren, this Court is eagerly anticipating the legislative revision “said the Court.
Written By: Lakshman Singh, B.B.A LL.B (Hons.), Shri Ramswaroop Memorial University, Lucknow
