- Humankind is on the fast-forward button perpetually is obvious looking around the way things are dynamically evolving everywhere. As the often-repeated saying goes, change is the only constant, humanity too is on the churn where few things are quite visible and many are not visible but progresses over a certain period. Akin to human evolution, subtle and not so subtle alteration too should emerge in the way we set rules-based order to ensure changes do not greatly affect the harmony in society. Governance and administration guidelines too should be made keeping in mind the present-day emergence of how humankind wishes to lead their lives unencumbered by administrative restrictions.
PC: Zee Media Bureau
- Further, with the emergence of mind-boggling technology-driven innovations, inventions, developments, and progressions in recent times, it is incumbent upon the policymakers to keep ushering in policies in line with the changing situations. Now, the new-age generation of youngsters is not amenable to the idea of being still treated as novices as was the case not so long back. Unlike earlier times, today’s youngsters are exposed to everything happening around them and are savvier in quickly grasping the alterations. They would prefer a more understanding and friendly environment as against the erstwhile suffocating restrictions and strictures aimed at curbing their soaring spirits.
- Of course, for parents and authorities alike, children aged 15 to 18 years are still children but try telling that to precocious and impressionable young adults. With the societal underlying machinations teeming with all sorts of unscrupulous and undesirable elements, the Protection of Children from Sexual Offences Act, 2012 (POCSO) was introduced to expressly safeguard gullible children from predators. An unintended and unjust consequence of the POCSO is its widespread persecution of teenage lovers. This law raised the age of consent from 16 to 18 years while defining persons below 18 years as children.
PC: Lloyd Law College
- Consequently, when say two 16-year-olds are romantically and sexually involved, but the girl’s family doesn’t approve the affair and files a police complaint, here consent has zero legal validity. And the consensual relationship morphs into statutory rape. Recently, the Allahabad HC indicated how its conscience is concerned by such severe POCSO provisions being drawn by teenage lovers simply based on family disapproval. The high courts of Delhi, Madras, and others have made similar observations in recent years and also pointed to amendments to the law that can help reduce its injustices.
- One suggestion that has gathered broad support is to push back both the cutoff for childhood and the age of consent to 16 years. Further, given that the NCRB data shows around half of POCSO cases falling in the 16-18 years age group, such an amendment is overdue. Minimizing the prosecution of consensual romances would also leave a logjammed system with more space to pursue actual sexual assault cases. Note that the broader goal here is respecting the rights of adolescents and young adults alike. As such, their romantic and sexual autonomy needs greatly increased recognition in India.
