DEBAYAN ROY
New Delhi, Dec 10: Chief Justice of India DY Chandrachud on Saturday noted that the age of consent under the Protection of Children from Sexual Offences Act (POCSO Act), which is at 18 years, poses difficult questions for judges dealing with such cases, and that the growing concern surrounding this issue needs to be considered by the legislature.
The CJI was delivering the keynote address at a two-day national consultation on the POCSO Act, organized by the Supreme Court Committee on Juvenile Justice, in association with UNICEF.
One of the topics that came up during the consultation meet today was judgments by POCSO courts in “romantic cases”, or cases where consenting adolescents engage in sexual activity.
Speaking on the issue, CJI Chandrachud said,
“You are aware that the POCSO Act criminalizes all sexual acts among those under 18 regardless of whether consent is present factually among the minors, because the presumption of the law is that there is no consent among those below 18. In my time as a judge, I have seen that this category of cases poses difficult questions for judges across the spectrum. There is a growing concern surrounding the issue which must be considered by the legislature in view of reliable research by experts in adolescent healthcare. I should leave this topic right here, as this topic is very vexed as we see in courts everyday.“
This observation from the CJI comes days after Madras High Court said that it is “eagerly waiting” for the legislature to reduce the age of consent under the POCSO Act from the current 18 years.
However, as long as the POCSO Act defines anyone below the age of 18 as a child, the Court could not interpret the age of consent in any other way.
“Whereas, the law defines that the person who has not completed the age of 18 years, is a child. This Court, being an Appellate Court, is a final fact finding Court cannot traverse beyond the statute. This Court also eagerly is waiting for the amendment in the Legislature as expressed by my learned brothers,” the Court stated.
