The Madhya Pradesh High Court recently issued a plea to the Central government, urging them to lower the age of consent for sexual relationships from 18 to 16 years. The court expressed concern about the "injustice" faced by adolescent boys who engage in consensual sexual relationships. The court noted that the Criminal Law (Amendment) Act of 2013, which raised the age of consent for girls from 16 to 18 years, has had a negative impact on society. It observed that increasing the age of consent to 18 has led to adolescent boys being treated as criminals, resulting in unfairness.
Justice Deepak Kumar Agarwal, in his order, mentioned that adolescent boys and girls often develop friendships and subsequently engage in physical relationships due to attraction. However, due to the higher age of consent, boys are treated as criminals in society. The judge requested the Government of India to reconsider reducing the age of consent for girls from 18 to 16 years, as it was before the amendments, in order to address the injustice faced by adolescent boys.
Justice Agarwal also stated that due to exposure to social media, adolescents are experiencing puberty at an early age and entering into consensual sexual relationships before reaching adulthood. The judge emphasized that in such cases, the males involved should not be considered criminals, as their interactions with females and subsequent physical relationships are primarily a matter of age and attraction.
The court was dealing with a criminal plea to dismiss a case registered against a 23-year-old man for rape and other offenses under the Indian Penal Code (IPC), as well as under the Protection of Children from Sexual Offences Act (POCSO Act) and the Information and Technology Act (IT Act). The accused allegedly offered coaching classes to a minor victim, administered a juice that rendered her unconscious, and engaged in sexual intercourse with her. He also purportedly recorded a video of the incident and used it to blackmail her into having sexual intercourse with him on multiple occasions. The victim also filed a complaint against another student who had engaged in sexual intercourse with her multiple times.
The counsel for the accused argued that there was a significant delay in the victim's complaint, approximately seven months after the alleged incident. Furthermore, the counsel claimed that if any sexual intercourse did occur, it was consensual.
The court referred to a 2021 ruling by the Madras High Court, which highlighted the widespread misuse of the POCSO Act by families to prosecute the partners of their teenage daughters. The court in that ruling stated that the intention of the POCSO Act was never to treat an adolescent boy engaging in a relationship with a minor girl as an offender.
Justice Agarwal further expressed the opinion that based on the physical and mental development of adolescents within the victim's age group, they are capable of making informed decisions regarding their well-being.
Taking into account the facts and circumstances of the case, the court deemed it appropriate to dismiss the FIR along with all subsequent proceedings.
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