There are simply too many risks. Nevertheless, an intervention is necessary in light of the issues highlighted by several high courts and the Chief Justice of India (CJI) over the onerous 2012 statute.
Source: The New Indian Express
It has been noted that the POCSO Act was not intended to make consenting relationships between young adults illegal, but rather to protect minors from sexual exploitation.In light of this, the law panel’s recommendation merits careful consideration. It has urged for the implementation of guided judicial discretion for punishment in situations involving the tacit approval of minors between the ages of 16 and 18.
It would be wise for the administration to start the process of changing the law.It might be difficult to strike a balance between safeguarding children and upholding young people’ autonomy. Judges must make difficult decisions about the age of consent, according to Chief Justice of India DY Chandrachud. He has noted that regardless of whether consent is ‘factually existent’ between the two minors, the law presumes that there is not legal consent under the age of 18.
Source: Mirror Now
These adolescents have the physiological, biological, psychological, and social capacities to assimilate knowledge and recognize the hazards, according to a Supreme Court petition calling for the decriminalization of consensual sex.According to studies, a sizable percentage of girls between the ages of 16 and 18 decline to testify against the accused. Separating the age of consent from the age of marriage has been demanded. The important topics at risk must be noted by the parties involved.
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