New Delhi, Feb 6 The POCSO Act, 2012, defines a child as any person below the age of 18 years and dilution of the age of consent or introduction of exceptions in matters involving sexual activity may undermine child safety, the Union government told in Lok Sabha on Friday.
Union Minister for Women and Child Development, Annpurna Devi, in reply to a query, said, "The Protection of Children from Sexual Offences (POCSO) Act does not explicitly define the term consent, and under the statutory framework, any sexual act involving a person below 18 years of age is treated as an offence, irrespective of whether consent was purportedly given."
"Any dilution of the age of consent or introduction of exceptions would undermine child safety, increase the risk of exploitation, and weaken India's commitment to the protection of children, especially adolescent girls," the Union Minister added.
She was replying to a query from K. Subbarayan and Selvaraj V, who wanted to know if the attention of the Union government has been drawn to the concern expressed by a two-judge bench of the Supreme Court about the repeated misuse of the POCSO Act, asking the Centre to consider introducing a "Romeo-Juliet" clause to exempt "genuine adolescent relationships" from POCSO's harshest provisions.
The Union Minister said the legislative decision to retain the age of consent at 18 years is a conscious and considered policy determination.
The age of majority has been uniformly fixed at 18 years across various statutes in order to maintain consistency and coherence within the legal framework, Union Minister Annpurna Devi added.
She said the same age is maintained in laws including the Bharatiya Nyaya Sanhita, 2023; the Protection of Children from Sexual Offences Act, 2012; the Prohibition of Child Marriage Act, 2006; the Hindu Adoptions and Maintenance Act, 1956; the Juvenile Justice (Care and Protection of Children) Act, 2015; and the Hindu Minority and Guardianship Act, 1956.
"The Legislative intent underlying the aforesaid enactments reflects the settled position that individuals below the age of 18 years are not deemed capable of providing informed consent or making decisions, the long-term implications of which they may not fully comprehend," the Union Minister added.
"Uniformity across laws in prescribing the age of consent as 18 years is intended to prevent manipulation, coercion, and exploitation of minors, recognising that children lack the legal and psychological capacity to give meaningful and informed consent in matters involving sexual activity," she said.
Union Minister Annpurna Devi said the definition of a child under the POCSO Act, 2012, and other child-centric legislations is also in conformity with India's international obligations under the United Nations Convention on the Rights of the Child, particularly Article 1.
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