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Law Commission Sparks Discussions On Age Of Consent, Examining Conflict With POCSO Act

Recognizing the evolving dynamics of these relationships, the Law Commission aims to provide comprehensive insights into the age of consent while striving to strike a balance between protecting children and respecting the autonomy of young adults.

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Last month, the Delhi HC had ruled that POCSO is not meant to criminalise consensual relations
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The 22nd Law Commission has recently initiated discussions on the age of consent, raising important questions about the conflict between the Protection of Children from Sexual Offences (POCSO) Act and the role of consent in adolescent relationships. In a meeting with officials from the Women and Child Development Ministry, the Law Commission sought details on this matter, highlighting the need for further examination,as PTI reported.

Recognizing the evolving dynamics of relationships among adolescents, the Law Commission aims to provide comprehensive insights into the age of consent. A government functionary confirmed the meeting, stating, "We are dealing with the subject...we had a meeting with them to provide some information."

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In a significant development, the Delhi High Court had previously remarked that the purpose of the POCSO Act was to safeguard children from sexual exploitation, not to criminalize consensual romantic relationships between young adults. This observation came during the court's decision to grant bail to a boy who had married a 17-year-old girl, despite apprehension under the Act.

As an authoritative body that advises the government on intricate legal issues, the Law Commission plays a vital role in shaping policies and laws. Under the leadership of Justice (retired) Ritu Raj Awasthi, the 22nd Law Commission is now focused on addressing the complexities surrounding the age of consent, aiming to strike a balance between protecting children and respecting the autonomy of young adults in romantic relationships.

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