Skip to content
  • Facebook
  • X
  • Linkedin
  • WhatsApp
  • YouTube
  • Associate Journalism
  • About Us
  • Privacy Policy
  • 033-46046046
  • editor@artifex.news
Artifex.News

Artifex.News

Stay Connected. Stay Informed.

  • Breaking News
  • World
  • Nation
  • Sports
  • Business
  • Science
  • Entertainment
  • Lifestyle
  • Toggle search form
  • Access Denied
    Access Denied Nation
  • Access Denied
    Access Denied Nation
  • Girl, 3, Falls Into 150-Foot Deep Borewell In Rajasthan, Rescue Ops Underway
    Girl, 3, Falls Into 150-Foot Deep Borewell In Rajasthan, Rescue Ops Underway Nation
  • Hindu Priest The 1st Speaker At Democrat Event Day 3
    Hindu Priest The 1st Speaker At Democrat Event Day 3 World
  • Access Denied
    Access Denied Nation
  • Labour experts welcome labour codes, but urge Govt to address likely teething issues
    Labour experts welcome labour codes, but urge Govt to address likely teething issues Business
  • IPL 2024: KKR Star Sunil Narine’s Stunning Act, Shares ‘Fake Post’ Mocking RCB
    IPL 2024: KKR Star Sunil Narine’s Stunning Act, Shares ‘Fake Post’ Mocking RCB Sports
  • Duleep Trophy 2024: Rishabh Pant’s Fifty, Sarfaraz Khan’s Aggression Give India B Control Against India A
    Duleep Trophy 2024: Rishabh Pant’s Fifty, Sarfaraz Khan’s Aggression Give India B Control Against India A Sports
“Not Advisable To Tinker With Age Of Consent”: Law Commission To Centre

“Not Advisable To Tinker With Age Of Consent”: Law Commission To Centre

Posted on September 29, 2023 By admin


The recommendations of the Law Commission are not binding.

New Delhi:

The Law Commission has advised the Centre against lowering the age of consent from 18 to 16 under the Protection of Children from Sexual Offences (POCSO) Act, arguing that doing so will have a negative impact on the fight against child marriage and child trafficking.

The panel has, however, said it considers it necessary to bring about amendments in the Act to “remedy the situation” in cases in which there is tacit approval from children aged between 16 and 18. It said “guided judicial discretion” can be applied in such cases.

In December last year, Chief Justice of India DY Chandrachud had urged parliament to address growing concerns related to the age of consent under the POCSO Act. 

In its report to the Law Ministry, the 22nd Law Commission of India has said, “After a careful review of existing child protection laws, various judgements and considering the maladies of child abuse, child trafficking and child prostitution that plague our society, the Commission is of the measured view that it is not advisable to tinker with the existing age of consent under the POCSO Act.” 

The panel, which is headed by Justice Ritu Raj Awasthi, former chief justice of the Karnataka High Court, said it had considered all the views and suggestions given in connection with cases involving those between the ages of 16 and 18.

“The Commission considers it necessary that certain amendments need to be brought in the POCSO Act to remedy the situation in cases wherein there is tacit approval in fact though not consent in law on part of the child aged between 16 to 18 years,” the report said. 

The panel said it was of the considered opinion that such cases do not merit being dealt with the same severity as cases that “were ideally imagined to fall under” the POCSO Act.

“The Commission, therefore, deems it fit to introduce guided judicial discretion in the matter of sentencing in such cases. This will ensure that the law is balanced, thus safeguarding the best interests of the child,” it added.

The recommendations of the Law Commission are not binding, and will be studied and taken into consideration by the government, which will take a final call. 

‘Poses Difficult Questions’

Speaking at an event in December last year, Chief Justice Chandrachud had spoken about judgments of the POCSO courts in ‘romantic cases’ – involving consenting adolescents engaging in sexual activity.

“As you are no doubt aware, 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. In my time as a judge, I have observed that this category of cases poses difficult questions for judges across the spectrum. There is growing concern surrounding this issue, which must be considered by the Legislature in light of reliable research by experts in adolescent healthcare,” said the CJI.

He had said there is a culture of silence around sexual abuse of children and the state must encourage families to report abuse even where the perpetrator is a family member.



Source link

Nation Tags:Age of Consent, Law Commission, POCSO

Post navigation

Previous Post: China opens its first cross-sea bullet train, linking major cities in the southeastern Fujian province
Next Post: Jyotiraditya Scindia discusses ways to incentivise green steel production with various stakeholders

Related Posts

  • Access Denied
    Access Denied Nation
  • Access Denied
    Access Denied Nation
  • 3 Workers Suffocate To Death At Illegal Coal Mine In Gujarat: Cops
    3 Workers Suffocate To Death At Illegal Coal Mine In Gujarat: Cops Nation
  • Access Denied
    Access Denied Nation
  • Brother Of Man Killed In Sambhal Violence
    Brother Of Man Killed In Sambhal Violence Nation
  • The rise of temporary teachers in West Bengal
    The rise of temporary teachers in West Bengal Nation

More Related Articles

Access Denied Access Denied Nation
2 Arrested Wanted To Create “Terror”, Say Cops 2 Arrested Wanted To Create “Terror”, Say Cops Nation
Access Denied Access Denied Nation
Gurugram Woman Strangled To Death By Husband: Cops Gurugram Woman Strangled To Death By Husband: Cops Nation
Court Allows Go First Lessors To Engage Security For Aircraft Court Allows Go First Lessors To Engage Security For Aircraft Nation
Anti-Terror Agency Chargesheets CEO Of Laos-Based Firm In Cyber Fraud Case Anti-Terror Agency Chargesheets CEO Of Laos-Based Firm In Cyber Fraud Case Nation
SiteLock

Archives

  • May 2026
  • April 2026
  • March 2026
  • February 2026
  • January 2026
  • December 2025
  • November 2025
  • October 2025
  • September 2025
  • August 2025
  • July 2025
  • June 2025
  • May 2025
  • April 2025
  • March 2025
  • February 2025
  • January 2025
  • December 2024
  • November 2024
  • October 2024
  • September 2024
  • August 2024
  • July 2024
  • June 2024
  • May 2024
  • April 2024
  • March 2024
  • February 2024
  • January 2024
  • December 2023
  • November 2023
  • October 2023
  • September 2023
  • August 2023
  • July 2023
  • June 2023
  • May 2023
  • April 2023
  • March 2023
  • February 2023
  • January 2023
  • December 2022
  • November 2022
  • October 2022
  • September 2022
  • August 2022
  • July 2022
  • June 2022
  • May 2022

Categories

  • Business
  • Nation
  • Science
  • Sports
  • World

Recent Posts

  • Auto driver who fell from building in Enikepadu while on phone dies after a week
  • Indonesian rescuers find hikers’ bodies after volcanic eruption
  • CITU calls South Coast Railway zone a “betrayal” of Andhra Pradesh, flags revenue loss
  • Iran ceasefire tested as cargo ship catches fire after being hit off Qatar’s coast
  • ₹1,600-1,700 crore a day, ₹1 lakh crore in 10 weeks: Cost of insulating India from global energy shock

Recent Comments

  1. DonaldStype on UP Teacher Who Asked Students To Slap Muslim Classmate
  2. RaymondMuh on UP Teacher Who Asked Students To Slap Muslim Classmate
  3. Williamdox on UP Teacher Who Asked Students To Slap Muslim Classmate
  4. JosephSpupE on UP Teacher Who Asked Students To Slap Muslim Classmate
  5. SteveTeF on UP Teacher Who Asked Students To Slap Muslim Classmate
  • QatarEnergy reports ‘extensive damage’ after missile attacks on Ras Laffan industrial city
    QatarEnergy reports ‘extensive damage’ after missile attacks on Ras Laffan industrial city World
  • At least 40 killed, several injured in Israeli strike on Mawasi in Gaza Strip
    At least 40 killed, several injured in Israeli strike on Mawasi in Gaza Strip World
  • Access Denied Sports
  • So far, global earnings are just good enough to feel disappointing
    So far, global earnings are just good enough to feel disappointing World
  • U.S. penalty risk on Russian oil may add -11 billion to India’s import bill, analyst say
    U.S. penalty risk on Russian oil may add $9-11 billion to India’s import bill, analyst say Business
  • Pep Guardiola Underestimating Manchester City Chances, Says Real Madrid’s Carlo Ancelotti
    Pep Guardiola Underestimating Manchester City Chances, Says Real Madrid’s Carlo Ancelotti Sports
  • Markets hold on to early gains after RBI monetary policy decision
    Markets hold on to early gains after RBI monetary policy decision Business
  • Access Denied
    Access Denied Nation

Editor-in-Chief:
Mohammad Ariff,
MSW, MAJMC, BSW, DTL, CTS, CNM, CCR, CAL, RSL, ASOC.
editor@artifex.news

Associate Editors:
1. Zenellis R. Tuba,
zenelis@artifex.news
2. Haris Daniyel
daniyel@artifex.news

Photograher:
Rohan Das
rohan@artifex.news

Artifex.News offers Online Paid Internships to college students from India and Abroad. Interns will get a PRESS CARD and other online offers.
Send your CV (Subjectline: Paid Internship) to internship@artifex.news

Links:
Associate Journalism
About Us
Privacy Policy

News Links:
Breaking News
World
Nation
Sports
Business
Entertainment
Lifestyle

Registered Office:
72/A, Elliot Road, Kolkata - 700016
Tel: 033-22277777, 033-22172217
Email: office@artifex.news

Editorial Office / News Desk:
No. 13, Mezzanine Floor, Esplanade Metro Rail Station,
12 J. L. Nehru Road, Kolkata - 700069.
(Entry from Gate No. 5)
Tel: 033-46011099, 033-46046046
Email: editor@artifex.news

Copyright © 2023 Artifex.News Newsportal designed by Artifex Infotech.