Age of consent in India: Understanding POSCO and the interpretation by the courts

Mahaseth, Harsh and Vishwakarma, Jeetendra (2024) Age of consent in India: Understanding POSCO and the interpretation by the courts. Hindu College Gazette.

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Abstract

The Protection of Children from Sexual Offences Act, 2012 (POCSO), defines a child as a person below the age of 18 years. The Act provides that a child cannot consent for sexual intercourse. This criminalises any sexual activity with a person below 18 years of age. The objective behind this was to prevent the sexual exploitation of minors by adults by penalising the adult who engages in sexual intercourse with a minor. Further, the Act made it mandatory for any person having information about the perpetration of a sexual offence to report it to the police. On account of both these aspects, POCSO has made the consenting relationship vulnerable on the grounds of prosecution by families and society to prevent marriage outside the scope of caste, religion, and customs. The possible reasons why the judiciary is interpreting POCSO in such a manner might be to provide succour to consenting relationships. There is a need to understand the possible solutions that will recognize the sexual agency of adolescents without hampering the purpose of POCSO

Item Type: Article in News Papers and Magazine
Keywords: Protection of Children from Sexual Offences Act, 2012 | POSCO
Subjects: Social Sciences and humanities > Social Sciences > Social Sciences (General)
Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Subhajit Bhattacharjee
Date Deposited: 19 Mar 2024 04:27
Last Modified: 19 Mar 2024 04:27
Official URL: https://www.hinducollegegazette.com/post/the-age-o...
URI: https://pure.jgu.edu.in/id/eprint/7479

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