Centre’s take on age of consent issue is bang on

The BJP-led NDA government at the Centre has done exceedingly well while reiterating its objections to reducing the age of consent from 18 years to 16 years to help ‘protect children from exploitation and abuse’ in a more authoritative manner. Its contention is quite right in that any further lowering of the existing age would open the floodgates to trafficking and other sordid forms of child abuse apart from diluting the statutory presumption of vulnerability that lies at the heart of child protection law. A grim reality and the country’s bane are that many victims don’t open or approach higherups because the perpetrators happen to be people known to them, including from within the family, neighbourhood or school. They bear the trauma and anguish in silence because of fear that they would be subject to more harrowing times up ahead. However, there are contrasting opinions as regards consensual sex between adolescents aged 16 to 18 years.

The Centre relies on the fact that deep-rooted Indian laws offer an unambiguous intent to provide a “robust, non-negotiable shield” to minors against any form of sexual exploitation. This issue has shot to prominence following the contentions of eminent lawyer and amicus curiae Indira Jaising, who argued that consensual sexual activity between adolescents aged 16 to 18 should not be classified as “abuse” or criminalised under the POCSO Act. Incidentally, the Law Commission of India has cautioned against lowering the age of consent. Instead, it suggested a guided judicial discretion in cases involving tacit approval of children in the 16-18 age group.

Handling a case related to a similar issue, the Supreme Court had ruled that consensual sexual activity between minors, where there is no coercion or deception, does not automatically constitute rape under Indian law. The question is how and who will decide on aspects like ‘consensual’ and ‘coercion’. One can never know the truth as it will remain unknown to any third person given the dicey nature of the experience. According to a 2007 central survey data, 53.22 per cent of children reported facing one or more forms of sexual abuse.

It will be in the fitness of things if one goes beyond the age of consent issue. A rethink on the major and minor status can have serious ramifications in other fields and bring back the gory days of long held social taboos like child marriages. If a rise in trafficking is a possibility so also are the chances of more road accidents if vehicles are driven by 16-old-old kids. In the United Kingdom and many European nations, the age of consent for any form of sexual activity is 16 years regardless of the gender. Maybe this uniformity (unlike the 21 years for boys and 18 for girls in India) needs to be deeply investigated. The Centre has assured to come up with a comprehensive defence mechanism whereby the norms are strictly complied with.

If one goes by what has been happening one wonders if any such ‘categorical’ legal measures would have any meaningful relevance. Despite ‘stringent’ existing laws, we continue to hear of child marriages in Rajasthan and Gujarat, there is no check on minors plying vehicles and there is no end to the problem of child-labour. The last remains rampant because the ‘employers’ are quite liberal in keeping the authorities in good humour. More than reworking on laws, it would be better if the authorities swear by the existing laws and punish accordingly.