Most countries in the world have lowered the minimum age for consensual sex. The High Court has commented that it is time for the Parliament of our country to keep up with the changing trend and accept the socio-structural changes in this regard. A single bench of Justice Bharti Dangre expressed concern over the increasing number of cases filed under the Protection of Children from Sexual Offenses Act (POCSO). The court also pointed out that most of these sexual relations were consensual.
The age of sexual consent must be distinguished from the age of marriage. Sexual relations are not only established after marriage. Therefore, the society and the judiciary should take note of this important aspect, said Justice Dangre. The age has been raised by various laws in the country from time to time. From 1940 to 2012, the age of consensual sex was 16. The POCSO Act extended it to 18 years. This is probably the highest age for consensual sex globally. Other countries have reduced this age to 14 to 16 years. In countries such as Germany, Italy, Portugal and Hungary, children aged 14 are considered competent to consent to sex. The court noted that in London and Wales the age of consent is 16, while in Japan it is 13.
Acquittal of the accused
In February 2019, a special court sentenced a 25-year-old man for raping a 17-year-old girl. The youth had approached the High Court against this. While testifying before the special court, the girl had said that she was well-informed and married to the young man according to Muslim law. It was also clear from the other evidence that the accused and the victim girl had a consensual relationship. Based on this, the judgment of the special court was canceled and the single bench of Justice Dangre gave the judgment that the accused was acquitted.
Despite the girl's consent, only because she is below 18 years, the youth concerned is convicted of minor rape. Due to this, he has to bear the evil eyes of people throughout his life – Bombay High Court
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