Why in News?
The Centre opposed reducing the age of consent under the POCSO Act from 18 to 16, warning of increased trafficking and abuse. Citing a 2007 study, it stressed children’s vulnerability, especially to abuse by known figures in positions of trust.
Description:
Overview of POCSO Act:
| Attribute | Details |
| Enacted | 2012 |
| Ministry | Ministry of Women and Child Development |
| Key Objective | To protect children (<18 years) from sexual assault, harassment, pornography |
| Latest Amendment | 2019 – Enhanced punishments for aggravated offences |
| Type of Legislation | Gender-neutral (applies to all children under 18) |
| Victim’s Identity | Confidentiality must be maintained unless allowed by Special Court |
| Reporting of Offence | No time limit for reporting |
| Mandatory Reporting | Failure to report by institutional heads is punishable |
| Special Courts | To ensure speedy trial of POCSO cases |
22nd Law Commission’s View (2023):
- Chairperson: Justice Ritu Raj Awasthi
- Rejected demand to lower age of consent (remains 18 years)
- Recommends:
- Sex education in schools
- Awareness on adolescent health & consent under POCSO
- Caution: Lowering age could impact efforts to curb child marriage and early pregnancies
- POCSO vs Muslim Law:
- POCSO defines child as <18 years
- Muslim personal law considers puberty (presumed at 15) as marriageable age
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