India’s child sexual abuse law (POCSO Act) is creating significant challenges for
young adults in consensual relationships. The law currently criminalizes sexual
activity between adolescents, even when the relationships are consensual.
Key Issues
• The POCSO Act mandates a strict age of consent at 18 years, which does not
account for the nuanced realities of teenage relationships.
• Families often file complaints about consensual relationships, particularly
when there are differences in religion, class, or social background.
• The law provides no consideration for the sexual rights of adolescents
exploring their sexuality.
Recommendations
The National Commission for Protection of Child Rights (NCPCR) has suggested
“close in age” exemptions, such as:
• Consensual non-penetrative sexual acts between children above 12 years with
a two-year age gap
• Consensual penetrative sexual acts between children above 14 years with a
three-year age gap.
However, these recommendations have not been incorporated into the legal
framework, leaving young adults vulnerable to prosecution.
The current approach risks overshadowing genuine cases of child sexual abuse while
criminalizing consensual teenage relationships.
Experts argue for a more nuanced, child-centric approach that balances legal
obligations with adolescent developmental needs.
How does the POCSO Act address consensual relationships between young
adults
The POCSO Act strictly criminalizes sexual activity with minors, even in consensual
relationships. Key aspects include:
Legal Framework
Defines the age of consent as 18 years, regardless of mutual agreement.
Prohibits any sexual interaction with individuals under 18, treating it as a criminal
offense.
Imposes severe penalties, including minimum 7-year imprisonment for sexual assault.
Impact on Adolescent Relationships
20-25% of POCSO cases involve consensual romantic relationships.
Many cases are filed by families disapproving of relationships due to caste, class, or
social differences.
Adolescents in consensual relationships can be criminalized, even when the
relationship is non-exploitative.
Emerging Judicial Perspectives
Some courts are developing nuanced approaches:
The Law Commission recommends ‘guided judicial discretion’ for cases involving 16-
18 year olds.
Some high courts have recognized truly consensual relationships and granted
protections.
Recommended Considerations
Courts are advised to evaluate:
Genuine consent
Age proximity (within a defined bracket)
Absence of coercion or exploitation.
The legislative intent remains protecting children from sexual abuse while
recognizing the complexities of adolescent relationships.
Possible balanced approach as a solution to this issue.
A balanced approach to addressing consensual relationships under the POCSO Act
requires multi-faceted considerations:
Judicial Recommendations
Implement ‘guided judicial discretion’ for cases involving 16-18 year olds.
Evaluate cases based on specific factors:
Age proximity (within three years)
Absence of coercion
Existence of genuine romantic relationship
Potential for marriage or family formation.
Legislative Reforms
Redefine the age of consent from 18 to 16 years in consensual scenarios.
Exclude consensual relationships from stringent POCSO provisions
Create nuanced legal frameworks recognizing adolescent sexual development
Judicial Perspective
Courts should focus on:
Protecting children from exploitation
Avoiding unnecessary criminalization of teenage relationships
Preserving individual autonomy and privacy
Preventing unwarranted legal harassment
The goal is balancing legal protection with understanding the complex realities of
adolescent relationships, ensuring the law serves its original protective intent without
causing unintended harm.
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