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Source: This post has been created based on the article “Message from Madras”, published in The Times of India on 12th July, 2023.
Syllabus topic: GS Paper 2 – Government policies for the vulnerable sections of the society
News: Madras High Court recently stated that the cases involving consensual sex between adolescents should be distinguished from actual abuse cases. Therefore, the Protection of Children from Sexual Offences (POCSO) Act and the Juvenile Justice Act, should be reviewed.
The court also stated that criminalizing consensual adolescent sex is against the interest of adolescents.
In 2013, India raised the age of consent from 16 to 18. It led to categorization of cases of sex with individuals below 18 as statutory rape.
What are the issues involved with criminalization of consensual sex?
It negatively impacts family relationships. According to data from the National Crime Records Bureau (NCRB), “family problems” and “love affairs” are the main causes of suicides among individuals under 18.
Chief Justice of India Chandrachud has recently urged the Parliament to reconsider the age of consent. He highlighted the importance of adolescent health care, stating that teenagers should not be overly burdened by the law.
It results into humiliation of both the accused and the survivor during investigations.
In 2022, the Supreme Court banned the two-finger test, with reason that it adds to the trauma of female survivors. However, the practice continues.
