Context :

• The 22nd Law Commission has recommended the government to retain the existing age of consent under the Protection of Children from Sexual Offenses (POCSO) Act.
• The 22nd Law Commission said in its report that approval under the POCSO Act (Sex with mutual consent) The age should not be reduced from 18 to 16.
• Doing this will increase the possibility of misuse of the law.

Key Points:

• The Law Commission, headed by former Chief Justice of Karnataka High Court Ritu Raj Awasthi, submitted its report on 'Age of Consent under the Protection of Children from Sexual Offenses Act, 2012' to Union Law Minister Arjun Ram Meghwal.
• The current age of consent in India is 18 years.
• In its Report No. 283 "There is a need to bring certain amendments in the POCSO Act to remedy the situation in those cases where there is no consent in law on behalf of a child aged 16 to 18 years." Rather, it is silent acceptance.
• According to the Law Commission, it is not appropriate to tinker with the existing age of consent – 18 years – under the Protection of Children from Sexual Offenses (POCSO) Act to exempt juvenile sexual acts from the ambit of criminal law.
• The Law Commission has instead supported the introduction of "guided judicial discretion in the matter of sentencing" in cases involving people aged 16–18.
• It states, "This will ensure that the law is balanced, thus protecting the best interests of the child".
• The mental trauma and harassment that children face due to their involvement in such consensual acts falling under the ambit of the POCSO Act is certainly a matter of concern.
• Thus, there is clearly a need to take steps to amend the already existing law.

​Solution presented by Law Commission-

• The Commission has presented three possible solutions considering various aspects of the issue-
• Lowering the age of consent to 16 years, as was the case before the enactment of the POCSO Act.
• Introduction of a limited exception in the case of a consensual sexual act involving a child over the age of 16.
• Introduction of judicial discretion in sentencing in cases of consensual romantic relationships between teenagers, etc.

 Important facts useful for exam

• POCSO Act
• Came into force on November 14, 2012
• Defines any person under the age of 18 as a child.
• It was enacted as a result of the United Nations Convention on the Rights of the Child in 1992.