DECRIMINALISING TEENAGE CONSENSUAL SEX SHOULD BE CONSIDERED PRAGMATICALLY!

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  • A few decades back, a mere mention of physical union between two consenting individuals, openly, would have invited sneers, raised eyebrows, a condescending look, a hush-hush whisper, and a sharp retort, not to mention a look of incredulity. The topic was considered taboo not so long ago to discuss it quite openly is a thing of the past now. Thankfully, societies including Indian have made tremendous progress where even those topics hitherto considered un-Indian have started making a presence, inviting welcome views/counterviews from all concerned. Sex is one such topic that is finding increasing acceptance as a topic deserving open discussion. Yes, humankind has progressed exponentially on several parameters, including a topic like sex.

How to protect your child's social (media) life | CNN

PC: CNN

  • As societies are perpetually evolving, some of the practices and belief systems are changing in commensurate with the fast-changing times. Discussions about sex and consensual sex have gained traction of late. It is also noticeable that the puberty age has reduced drastically too, leading to more awareness being created about the physiological and psychological changes. The advent of the internet, social media, and better dissemination of information from several fronts has helped create a deluge of information. And teenagers are not averse to experimenting and experiencing hitherto unspoken topics like physical intimacy. Society has veered around the topic and now believes that teenagers having consensual sex is a basic human design.

Age Of Consent And Anticipatory Bail Under The POCSO Act

PC: Live Law

  • As a progressive society, the established law on the matter must be commensurately evolved by decriminalizing teenage consensual sex. Mind you, there are countless ways in which adults fail to understand teenagers and let them down. Ask any teenager for a vociferous assertion. But when a systemic orthodoxy is causing clear injustice, at least then, the adult approaches must be reformed without delay. As reported, the cases based on the Protection of Children from Sexual Offences Act, 2012, have shown for years that blanket criminalization of teenage sexual activity is deeply oppressive. Now, the Supreme Court has issued notice to the Union Government to share its views on the amici curiae’s suggestions regarding POCSO. Let’s dwelve further.

A judiciary that refrains from judicial overreach can better serve the cause of justice | Mint

PC: Mint

  • The rigid application in cases of adolescent relationships is found to lead to traumatically unjust outcomes. An analysis of all judgments passed in a case involving rape in Delhi’s district courts in 2013 found that around one-third involved couples who had chosen to be together. Their parents pursued the police action. Police’s morality is immaterial, you see. The issue is adolescents’ entitlement to a private life, to coming of age, on their terms, in perfectly healthy and natural ways. Consent is the bedrock of human dignity. By wrenching it away from intimate relationships, lawmakers are enabling a legion of personal torments and encouraging the worst instincts of adult busybodies. Reforming the law, recognizing consent, should be the way forward.