Judicial Quandary: Age Of Consent Unraveled

Shivam Gaur, BA.LLB (Hons), Amity Law School, Noida, Amity University Uttar Pradesh

ABSTRACT

India grapples with a disconcerting legal puzzle surrounding the age of consent, marked by fragmentation and inconsistency. While the Protection of Children from Sexual Offences Act (POCSO) designates 18 as the age of consent, shielding vulnerable children, the Indian Penal Code (IPC) clings to an antiquated consent age of 15 for specific offenses, yielding a perplexing legal scenario. The existing age of consent, fixed at 18, renders any sexual activity involving individuals below this age a criminal offense, irrespective of mutual consent, driven by the commendable aim to shield minors from exploitation. However, this well-intentioned law has faced censure for its failure to address the intricacies of adolescent sexuality. Amid calls to lower the age to 16, the Law Commission cautions against unintended consequences, advocating for amendments to exempt cases involving tacit approval or elopement from criminalization.

The conflicting legal frameworks pose a quandary for judges, especially when minors aged 16 to 18 engage in consensual relationships with older partners, potentially facing rape charges under POCSO, complicating matters further. Proposals, including decriminalizing consensual relationships, hint at the necessity for re-evaluating and reforming India's age of consent laws.

A clear definition of children's age of consent and the recognition of their sexual autonomy, coupled with reconciling conflicting frameworks, stand as imperatives. The Law Commission's proposal for guided judicial discretion in sentencing regarding adolescent relationships is seen as a positive stride. In essence, resolving the legal quagmire necessitates a comprehensive overhaul, underscoring the imperative to define consent age, uphold sexual autonomy, and reconcile conflicting frameworks for a just and effective legal paradigm.

Keywords: Age of consent, Protection of Children from Sexual Offences Act (POCSO), Indian Penal Code (IPC), legal framework, societal norms, children's rights, sexual violence prevention, open dialogue, ethical considerations.