Anomalies in the existing laws regarding rape in India have often resulted in the exploitation of minor girls. Human traffickers frequently use the marriage status of minors as an excuse to force them into the sex trade. The ambiguity within the POCSO (Protection of Children from Sexual Offences) Act also presents challenges for the judiciary. The Law Commission’s decision not to alter the age of consent, currently set at 18 years, is a positive development. Reducing the age of consent would have detrimental effects on efforts to combat child marriage and trafficking. Balancing the protection of children with respecting the autonomy of young adults is a complex issue. Even in cases related to adolescent relationships, the courts need to exercise caution.
The Law Commission has appropriately suggested the introduction of ‘guided judicial discretion’ in sentencing for cases involving the tacit approval of children between 16 and 18 years of age. Specific amendments to the stringent POCSO Act would be necessary to address situations where children in this age range give tacit approval, even if it doesn’t constitute legal consent. The current age of consent, which is 18 years, should remain unchanged. In a country like India, where numerous cases of child trafficking are reported, altering the age of consent could be exploited by child traffickers to their advantage.