The problems in proceeding with trial in POCSO cases involving consenting girls have been flagged by multiple members of the judiciary since consensual romantic and sexual relationships involving young girls often lead to prosecution against the male partner.
Many a time, the couple would be married with kids by the time trial starts posing further problems since punishing the accused would mean the woman and the child would be left to fend for themselves.
Chief Justice of India DY Chandrachud had in December 2022 noted that the current age of consent under the Act poses difficult questions for judges dealing with such cases, and that the growing concern surrounding this issue needs to be considered by the legislature.
Former Supreme Court judge Justice Indira Banerjee had earlier that year echoed the same view.
The Madhya Pradesh High Court had last year urged the Central government to reduce the age of consent for sex to 16, to redress the “injustice going on with adolescent boys” who enter into consensual sexual relationships.
Source: Barandbench
