Analysing The Constitutional Limits On Adolescent Autonomy In The Evolving Society Through The Lens Of POCSO, 2012
- IJLLR Journal
- 1 hour ago
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Abhiruchi Lakras, Assistant Professor, School of Law, G.H. Raisoni Skill Tech University, Nagpur
ABSTRACT
The Protection of Children from Sexual Offences Act, 2012 criminalises sexual activity involving persons below the age of eighteen years. This has sparked debate about adolescent autonomy, consent and evolving capacities between those involved in the activity. Criminalizing all sexual activity in the particular age bracket is seen as a means to protect vulnerability, but it renders exploitative conduct indistinguishable from consensual and non- coercive conduct. In the 21st century the judiciary is witnessing many cases in which misuse of such provision is rampant. This paper seeks to analyze the provisions of POCSO from the lens of the Indian Constitution with respect to Article 21. It further examines the close-in-age provisions leading to a comprehensive comparison of similar laws and practices followed in other countries to evaluate alternative regulatory approaches which establish the difference between exploitative sexual activity and consensual conduct.
