| Introduction: Give brief description of POCSO Act Body: What are implications of increasing age of consent and its effect on marginalized population in India? Conclusion: Way forward |
The Protection of Children from Sexual Offences (POCSO) Act was enacted in June 2012 and came into force in November 2012. It has completed 10 years now. The Act has played an instrumental role in addressing sexual offenses against children. One of the key provisions of the Act was raising the age of consent from 16 to 18 years.
Implications of increase in age of consent from 16-18 years
- Enhanced Protection for Minors: Raising the consent age to 18 years old shows a commitment to safeguarding children from sexual exploitation. It tries to give teenagers legal protections while acknowledging their fragility.
- Deterrence effect: The greater age of consent serves as a deterrent to adults having sex with kids because they are now more likely to suffer harsh legal repercussions for doing so.
- Awareness and Education: The change has led to increased awareness about child sexual abuse and consent. Schools, parents, and communities have become more proactive in educating children about their rights and the importance of giving informed consent.
Implications of this increase in age on marginalized population
- Criminalization of Adolescent Interactions: One major worry is that the increased age of consent may unintentionally criminalize consensual sexual interactions between adolescents who are of similar ages. When both parties are under the age of 18, they may be charged under the POCSO Act, which could have an effect on their futures and result in legal repercussions.
- Uneven Enforcement: The POCSO Act’s enforcement can be uneven, and underprivileged groups may be unfairly burdened. Those targeted and prosecuted under the law may vary depending on socioeconomic inequalities, caste, religion, or gender, which may result in prejudice.
- Access to Justice: People from lower socioeconomic backgrounds and other marginalized groups may encounter difficulties getting justice. They can be unaware of their rights, have little access to legal counsel, or be underequipped to deal with the legal system.
- Stigmatization: People from marginalized groups, particularly those with little access to healthcare and education, may experience stigmatization if they are associated with incidences of child sexual abuse. This might have long-term social and psychological repercussions.
Conclusion
It is essential to strike a balance between safeguarding minors and respecting the rights of adolescents, addressing any unintended consequences through education, legal reforms, and community engagement. Additionally, efforts must be made to ensure equal access to justice for all, regardless of their background or circumstances.
