POCSO: Consent age in child rape needs relook, says CJI
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New Delhi: Chief Justice of India DY Chandrachud addressed the growing concerns over the age of consent under the POCSO Act and urged the legislature to look into it. He drew attention to the judgments of the POCSO courts in 'romantic cases' or cases where consenting adolescents engage in sexual activity.
The POCSO Act criminalises consensual sexual activities even in 'romantic' relationships for those under the age of 18. The CJI further said it is unfortunate that the criminal justice system functions in a way that compounds the victim's trauma. The Executive must join hands with the judiciary to prevent this.
He said the Act criminalises sexual activity regardless of whether consent is factually present between the two minors in a particular case. "I have observed that this category of cases poses difficult questions for judges across the spectrum. There is growing concern surrounding this issue, which must be considered by the Legislature in light of reliable research by experts in adolescent healthcare," said the CJI.
He added that the sexual abuse of children remains a hidden problem because of the culture of silence. "The state must encourage families to report abuse even where the perpetrator is a family member. And children must be taught the difference between safe touch and unsafe touch. Above all, there is an urgent need to ensure that the so-called honour of the family is not prioritised above the best interest of the child," reported ANI.
He was speaking at the two-day national consultation on the POCSO Act, organised by the Supreme Court Committee on Juvenile Justice in association with UNICEF.