Exclude people above 16 years having consensual sex from POCSO act: High court!
- IndiaGlitz, [Saturday,April 27 2019]
The Chennai high court has suggested the government to amend Pocso Act to exclude teenage relationships and consensual sex with minor above 16 years of age and distinguish such cases from cases of minor sexual assault.
This suggestion was made by Justice V Parthiban, after giving the verdict to release a youth who had been convicted, getting sentenced to 10 years of imprisonment under Pocso Act for kidnapping a minor girl and sexually assaulting the girl. The person was released after it was revealed that the girl had actually eloped with him and after it was proved not a kidnap. The 17 year old girl eloped with the youngster, married him and they were together for six months.
Justice Parthiban said that the relationships involving girls below 18 years of age might be a result of innocence and attraction, and cannot be called as unnatural. He added that even though a girl is able to provide her consent for a relationship even below 18 years of age, the Pocso act treats them as part of sexual assault case, and hence can be amended such that the age limit for girls can be reduced to 16 in Pocso act, and TN government must make necessary steps to make these amendments in Pocso act.