Balancing Protection And Autonomy: Rethinking The Age Of Consent Framework Under The Protection Of Children From Sexual Offences Act, 2012
- IJLLR Journal
- Apr 2
- 2 min read
Nandhini S, SRM School of Law, SRMIST, Chennai.
Sailesh Kumar, SRM School of Law, SRMIST, Chennai.
ABSTRACT
India's age of consent laws has developed through a combination of colonial laws, modern legal changes, and existing cultural practices. Before colonial rule, sexual behavior in India was mainly controlled by religious customs. These customs emphasized puberty and marriage, often at the expense of individual consent and personal freedom. The colonial period saw a significant shift with the introduction of the Indian Penal Code of 1860, which, for the first time, established a codified age of consent, a measure that underwent subsequent amendments in response to social reform initiatives. Additionally, the Protection of Children from Sexual Offences Act of 2012 (POCSO), which set the age of consent at eighteen and introduced a strict liability system, was a product of India's post-independence drive to strengthen its laws regarding sexual offenses. Although the primary aim of this framework is to protect children from exploitation, it has inadvertently produced unintended consequences, notably the criminalization of consensual relationships among adolescents. The absence of a close-in-age exemption, coupled with mandatory reporting obligations and a presumption of culpability, has led to the legal framework's misapplication, often instigated by families disapproving of inter-caste or inter-religious relationships. A more nuanced perspective is warranted, given that judicial decisions have increasingly recognized the tension between adolescent autonomy and child protection. It suggests specific changes, such as the addition of a "Romeo and Juliet" clause, regulated judicial discretion, and institutional frameworks that differentiate between relationships that are exploitative and those that are consensual.
Keywords: Adolescent Relationships, Child Protection, Criminal Law, India, Juvenile Justice, Legal Reform, Consent, Gender Justice, Age of Consent, POCSO Act.
