Why Parliament must reexamine POCSO

Source: The post is based on the following articles

“Why Parliament must reexamine POCSO” published in the Indian Express on 13^th November 2022.

“Go Back To 16 – Response of the criminal justice system to Pocso is reason to revisit the age of consent” published in The Times of India on 13^th November 2022.

Syllabus: GS – 2 – Mechanisms, laws, institutions and Bodies constituted for the protection and betterment of vulnerable sections.

Relevance: About the need for legislative reform on POCSO.

News: The CJI asked lawmakers to address the “growing concern” on the criminalisation of adolescents engaging in consensual sexual activity under the Protection of Children from Sexual Offences (POCSO) Act.

What is the POCSO Act?

The Protection of Children from Sexual Offences Act (POCSO) raised the age of consent from 16 to 18 in 2012. The Indian Penal Code and other laws were subsequently modified to ensure cohesion with POCSO.

Why the CJI is demanding a legislative reform on POCSO?

The POCSO Act criminalises all sexual activity for those under the age of 18, regardless of whether consent is factually present between the two minors in a particular case. Hence, the families of victims are hesitant to file police complaints owing to factors like the slow pace of the criminal justice system and the stigma associated with such cases.

This is highlighted by many high courts. But by invoking the “Romeo-Juliet exception,” many high courts acquit the accused in cases involving consensual sexual activity between minors aged between 16-18 years.

With 253 million adolescents in the country and a social culture that stigmatises independent decisions when it comes to choosing a partner, the CJI demanded a legislative reform on POCSO.

Why does India need a legislative reform on POCSO?

a) The National Family Health Survey-5, 2019-21 (NFHS-5) shows 39% of women had their first sexual intercourse before the age of 18 years, b) A study by Enfold Proactive Health Trust shows that 1 in four cases under the POCSO Act involve admission of romantic relationships. Another study on West Bengal, Maharashtra and Assam found that 25% of POCSO listings were romantic cases. c) A draft Bill specified that statutory rape would be triggered for minors between 16-18 years only in circumstances such as use of force. This was dropped under the Act, d) Research suggests that the increase in the threshold of consent to 18 has led to abuse of the legislation.

What should be done?

Stakeholder consultation and careful drafting are required to ensure the spirit of POCSO law is upheld. Hence, the Parliament must take notice and reexamine the law.