Review age of consent: CJI DY Chandrachud to Parliament

Express News Service

NEW DELHI: Amidst the issue confronted by judges whereas coping with circumstances falling underneath the POCSO act the place consenting adolescents interact in sexual exercise, Chief Justice of India DY Chandrachud on Saturday urged the legislature to contemplate rising considerations associated to the age of consent underneath the 2012 Act.

The POCSO Act criminalizes all sexual exercise for these underneath the age of 18 no matter whether or not consent is factually current between the 2 minors in a selected case. 

“I note that the topic for one of the panel discussions today is to do with the judgments of POCSO courts in “romantic cases” or circumstances the place consenting adolescents interact in sexual exercise. As you might be little question conscious, the POCSO Act criminalizes all sexual exercise for these underneath the age of 18 no matter whether or not consent is factually current between the 2 minors in a selected case. In my time as a choose, I’ve noticed that this class of circumstances poses troublesome questions for judges throughout the spectrum. There is rising concern surrounding this difficulty, which have to be thought-about by the legislature in gentle of dependable analysis by specialists in adolescent healthcare,” the CJI stated whereas delivering his keynote deal with on the National Annual Stakeholders Consultation on Child Protection that was organised by the Supreme Court Committee on Juvenile Justice in affiliation with UNICEF. 

The occasion was additionally attended by Supreme Court choose Justice Ravindra Bhat, Union Minister for Women and Child Development Smriti Irani, Ms. Cynthia McCaffery (Country Representative, UNICEF India), former SC choose Justice Deepak Gupta, HC judges, judges of the POCSO courts, members of the Juvenile Justice Committees, panellists, specialists. 

Underscoring the affect of publicity of youngsters to sexual violence at an early age which might result in extreme trauma and might have life-long ramifications, the CJI additionally stated that it’s crucial for the state and different stakeholders to create consciousness concerning the prevention of kid sexual abuse, its well timed recognition, and the varied cures obtainable in regulation and in any other case. 

“Children must also be taught the difference between ‘safe touch’ and ‘unsafe touch’. While this was previously couched as ‘good touch’ and ‘bad touch’, child rights activists have urged parents and others to use the words ‘safe’ and ‘unsafe’ because the words ‘good’ and ‘bad’ have moral implications, especially for children, and may prevent them from reporting abuse,” the CJI stated. 

Chandrachud additionally requested the states to encourage households to report circumstances of abuse no matter the perpetrator being a member of the family and in addition urged the chief to affix arms with the judiciary to stop this from occurring.

“The use {of professional} counselling providers should even be inspired, particularly as a result of many dad and mom are unaware that this might help the kid take care of trauma. Above all, there may be an pressing want to make sure that the so-called honour of the household will not be prioritized over the very best pursuits of the kid.

It is an unlucky undeniable fact that the way wherein the prison justice system features typically compounds the sufferer’s trauma. The govt should be part of arms with the judiciary to stop this from occurring,” the choose stated. 

Laying emphasis on the inadequate infrastructure and low availability of educated assist personnel for the judges of the POCSO courts, the choose stated that there’s an pressing want for all branches of the state to correctly practice police and assist personnel, present sufficient infrastructure and disburse compensation in a well timed method. 

NEW DELHI: Amidst the issue confronted by judges whereas coping with circumstances falling underneath the POCSO act the place consenting adolescents interact in sexual exercise, Chief Justice of India DY Chandrachud on Saturday urged the legislature to contemplate rising considerations associated to the age of consent underneath the 2012 Act.

The POCSO Act criminalizes all sexual exercise for these underneath the age of 18 no matter whether or not consent is factually current between the 2 minors in a selected case. 

“I note that the topic for one of the panel discussions today is to do with the judgments of POCSO courts in “romantic cases” or circumstances the place consenting adolescents interact in sexual exercise. As you might be little question conscious, the POCSO Act criminalizes all sexual exercise for these underneath the age of 18 no matter whether or not consent is factually current between the 2 minors in a selected case. In my time as a choose, I’ve noticed that this class of circumstances poses troublesome questions for judges throughout the spectrum. There is rising concern surrounding this difficulty, which have to be thought-about by the legislature in gentle of dependable analysis by specialists in adolescent healthcare,” the CJI stated whereas delivering his keynote deal with on the National Annual Stakeholders Consultation on Child Protection that was organised by the Supreme Court Committee on Juvenile Justice in affiliation with UNICEF. 

The occasion was additionally attended by Supreme Court choose Justice Ravindra Bhat, Union Minister for Women and Child Development Smriti Irani, Ms. Cynthia McCaffery (Country Representative, UNICEF India), former SC choose Justice Deepak Gupta, HC judges, judges of the POCSO courts, members of the Juvenile Justice Committees, panellists, specialists. 

Underscoring the affect of publicity of youngsters to sexual violence at an early age which might result in extreme trauma and might have life-long ramifications, the CJI additionally stated that it’s crucial for the state and different stakeholders to create consciousness concerning the prevention of kid sexual abuse, its well timed recognition, and the varied cures obtainable in regulation and in any other case. 

“Children must also be taught the difference between ‘safe touch’ and ‘unsafe touch’. While this was previously couched as ‘good touch’ and ‘bad touch’, child rights activists have urged parents and others to use the words ‘safe’ and ‘unsafe’ because the words ‘good’ and ‘bad’ have moral implications, especially for children, and may prevent them from reporting abuse,” the CJI stated. 

Chandrachud additionally requested the states to encourage households to report circumstances of abuse no matter the perpetrator being a member of the family and in addition urged the chief to affix arms with the judiciary to stop this from occurring.

“The use {of professional} counselling providers should even be inspired, particularly as a result of many dad and mom are unaware that this might help the kid take care of trauma. Above all, there may be an pressing want to make sure that the so-called honour of the household will not be prioritized over the very best pursuits of the kid.

It is an unlucky undeniable fact that the way wherein the prison justice system features typically compounds the sufferer’s trauma. The govt should be part of arms with the judiciary to stop this from occurring,” the choose stated. 

Laying emphasis on the inadequate infrastructure and low availability of educated assist personnel for the judges of the POCSO courts, the choose stated that there’s an pressing want for all branches of the state to correctly practice police and assist personnel, present sufficient infrastructure and disburse compensation in a well timed method.