Analysis Of Age Of Consent Under The Protection Of Children From Sexual Offences (Amendment) Act 2018
- IJLLR Journal
- Feb 5
- 1 min read
Anjali Chauhan, Institute of Law Nirma University, Ahmedabad
1-Introduction:
Meaning of age of consent and its importance:
The term “age of consent” refers to the minimum age at which a person is legally competent to consent to involve in sexual engagements. It draws a line between when someone is considered too young to make such choice and when their choice or consent gets recognized under law. This whole concept of consent revolves around the protection of minors because they belong among the vulnerable groups that is easily prone to manipulation, coercion or exploitation.
At the same time, laws related to consent of age are closely associated to debates about personal liberty, adolescent rights and social morality. If the consent age is set too high, it may criminalize consensual teenage relationship while if it is set too low, it might put minors at the risk of exploitation. Thus, the legal line is created not only by the need to protect children but also by the social, cultural, and political values of nation.
Framework of POCSO Act, 2012The Protection of Children from Sexual Offences Act, 2012(POCSO) was enacted on 19 June 2012 with two major objectives:
To provide protection to children against offences of sexual assault, sexual harassment and child pornography.
To provide for establishment of special courts for trial of such offences.
Priors to this law, there were provisions related to rape and sexual assault in the Indian Penal Code (IPC), but those laws were not child-specific and did not cover the wide range of sexual exploitation or abusive behavior children might face.
