Z. Zakhar Naved, Jindal Global Law School
ABSTRACT
Children constitute a vulnerable group of our population. This necessitates providing them with an umbrella of protection. But, in this quest of ours, we must be wary of adopting policies that are counter-productive and detrimental to their natural development. Sexual curiosity is one such mark of natural development during the life of all adolescents. However, the law paints all sexual intimacy and interactions with the same brush of illegality. At present, almost any and every form of sexual activity between two ‘consenting’ adolescents is prohibited. It is because the consent of a minor (below 18 years) is deemed invalid in law, and the law does not accommodate any special provision regarding such consenting adolescents. Thus, the present law does not differentiate between the conservative concept of rape and sexual interactions arising out of pure affection and biological changes between adolescents. This resultantly brings the full wrath of law (with mandatory minimum sentencing) on the adolescents, in trials that clutter the judicial system and result in high acquittal. There is no gainsaying that this is an absolutely undesirable position. The current law neither reflects the current social realities nor does it take into consideration the psycho-social evolution of children and the impact of such law on their development. This paper is an attempt to highlight these issues and the underscore the need for a re-think on this aspect of law. Taking cue from other jurisdictions, certain suggestions are put forth which would make the law more amenable to the needs and welfare of children.
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