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<p id="1">Today marks ten years of the reform that took sexual offences against children out of the IPC &ndash; and the coming into effect ofthe special law, Protection of Children from Sexual Offences (POCSO) Act. From gender-neutral offences to child-friendly special courts following gentler procedures in recording statements and conducting trials, it was a much-needed reform. Cases under POCSO have risen steadily, suggesting greater reporting of offences, but this needs constant upgrading of judicial infrastructure.</p>
<p id="2">A Vidhi report on POCSO published in this newspaper reveals that pendency has risen sharply after the pandemic struck and that disposal of cases within a year of institution may be slowing down.</p>
<p id="3">With victims being children, longer disposal times are unacceptable. The report also noted three acquittals for every conviction, suggesting police is failing at marshalling evidence. But POCSO&rsquo;s biggest problem is that it increased age of consent from 16 to 18.</p>
<p id="4">This implies that consent of those between 16 and 18 isn&rsquo;t valid in sexual intercourse. Consequently, many POCSO cases involve girls&rsquo; families filing sexual assault charges&nbsp;where they don&rsquo;t approve of relationships. Half of POCSO cases are accounted for by the 16-18 age bracket. The Karnataka high court has sought review of age of consent citing &ldquo;ground realities&rdquo;. Delhi HC recently granted bail in a classic case of POCSO misuse. The accused was implicated by his 17-year-old &ldquo;wife&rsquo;s&rdquo; father. Ironically, the father conducted her marriage while still an adolescent, but when she rebelled, eloped and remarried, the father slapped POCSO on her second husband. POCSO was &ldquo;meant to protect children below 18 from sexual exploitation, not criminalise consensual romantic relationships between young adults&rdquo;, Delhi HC observed. The letter and spirit of POCSO must reflect this sensible proposition. It&rsquo;s time to consider whether the age of consent should be lowered from 18.</p>
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POCSO At Ten

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