Addressing Age Of Consent In Rape Cases: A Landmark Decision By The Gwalior Bench Of Madhya Pradesh High Court

Judgement Given On : 27/06/2023

Introduction:

In a recent and remarkable judgment handed down on June 27, 2023, in the case of Rahul Chandel Jatav v. The State of Madhya Pradesh & Anr, the Gwalior Bench of the Madhya Pradesh High Court has made a compelling request to the Government of India. The court has urged the government to consider reducing the age of consent from 18 to 16 years in cases defined by the Protection of Children from Sexual Offences (POCSO) Act. This groundbreaking decision is motivated by concerns about perceived injustices faced by adolescent boys engaged in consensual sexual relationships.

Background:

  • The case centers around a 17-year-old boy charged under the POCSO Act following a complaint by a 14-year-old girl. She alleged that the boy had repeatedly raped her for six months, resulting in her pregnancy in April 2020.
  • The boy was arrested in July 2020 and booked under Section 376 of the Indian Penal Code and relevant sections of the POCSO Act.
  • Most concerning was the fact that the boy remained in prison without bail for three years.

Court’s Key Observations and Findings:

1. Call to Reevaluate Age of Consent:

  • The court stressed that the Criminal Law (Amendment) Act of 2013, which raised the age of consent for girls from 16 to 18 years, has disrupted societal norms.
  • It emphasized that this change has led to adolescent boys being treated as criminals when involved in consensual relationships.
  • The court urged the Central Government to revisit the age of consent, proposing a reduction from 18 to 16 years, as it was prior to the 2013 amendment.
  • The court contended that such a revision would rectify the perceived injustices and restore balance.

2. Misuse of the POCSO Act:

  • The court highlighted that cases under the POCSO Act are increasingly being filed against adolescents and teenagers involved in romantic relationships.
  • It argued that the original intent of the POCSO Act was to protect children from sexual offenses, but its stringent provisions are now misused in such cases.
  • Adolescents involved in consensual relationships are caught in a legal web, leading to the arrest of adolescent boys and an abrupt halt to their lives.

3. Adolescents and Early Relationships:

  • The court acknowledged that due to social media and easy access to the internet, adolescents experience puberty at an earlier age.
  • It noted that adolescents, both male and female, develop attractions and engage in physical relationships consensually.
  • The court asserted that in these cases, males should not be considered criminals.
  • It emphasized that lawmakers originally set the age of consent for females at 16 years, understanding these realities.

Court’s Decision:

  • In light of the unique circumstances, the court quashed the FIR against the petitioner and all proceedings arising from it.
  • The court urged the government to contemplate amending the age of consent in rape cases to 16 years, as it was before the 2013 amendment.
  • The court’s final plea was to address the perceived injustices faced by adolescent boys involved in consensual relationships and to bring about necessary amendments in the stringent POCSO Act.

Conclusion:

The judgment delivered by Hon’ble Mr. Justice Deepak Kumar Agarwal of the Gwalior Bench of Madhya Pradesh High Court highlights critical issues surrounding the age of consent in rape cases. The court’s call to reevaluate the age of consent from 18 to 16 years and its recognition of the complexities surrounding adolescent relationships warrant serious deliberation by the Government of India. The court’s aim is to rectify perceived injustices and ensure that the legal system aligns with the realities of early adolescent relationships shaped by modern times. This decision serves as a significant step towards achieving a more equitable legal framework in India.