Consider ground realities, rethink age of consent in POCSO Act: K'taka HC to Law Commission
Bengaluru, Nov 6: The Karnataka High Court has directed the Law Commission of India to reconsider the age of consent in Protection of Children from Sexual Offences (POCSO) Act.
In the judgement passed on November 5, a division bench of Justices Suraj Govindaraj and G Basavaraja said, “Having come across several cases relating to minor girls above 16 years having fallen in love and eloped and in the meantime, having had sexual intercourse with the boy, we are of the considered opinion that the Law Commission of India would have to rethink on the age criteria, so as to take into consideration the ground realities." The court heard an appeal by the police challenging the acquittal of a POCSO accused. It found that the girl, then 17, had eloped with the boy in 2017. Though the girl's parents had filed the complaint, all the witnesses turned hostile.
While the case continued, the two had married and now have two children.
Confirming his acquittal, the court however gave directions to the Law Commission as well as the Education Department in Karnataka.
The HC said that it was lack of awareness of POCSO and IPC that is resulting in many offences being committed by young persons.
“It is also seen that many of the above offences which are deemed offences to have been committed as a result of or on account of lack of knowledge on the part of the minor girl and the boy.
Many a time the boy and girl involved are either closely related or very well known to each other being classmates or otherwise,” the court observed.
Though lack of knowledge of law is not an excuse for committing a crime, the HC said students should be made aware of the POCSO Act.
“It is required that students especially at least of IX standard onwards, are educated on the aspects of POCSO Act, the acts which are criminalized under the POCSO Act as also under the Indian Penal Code,” it said.
Therefore, the Principal Secretary of the Education Department was directed to constitute a committee to formulate suitable education material in relation to the above and thereafter issue necessary directions to all schools be it government or private, stating that such students are to be educated and forewarned of the consequences of their action, if in violation of the POCSO Act or the IPC.” The case was relisted for December 5 for the Department to file a compliance report.
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AIADMK, BJP join hands for 2026 TN polls: EPS to lead charge, says Amit Shah
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Chennai (PTI): The BJP and AIADMK on Friday sealed a poll alliance, with Union Minister Amit Shah declaring that the 2026 Tamil Nadu Assembly election will be fought under the leadership of AIADMK chief Edappadi K Palaniswami.
With the parties rekindling their alliance nearly two years after they parted ways, Shah said it will be Prime Minister Narendra Modi's leadership at the Centre and Palaniswami at the state level.
"AIADMK and BJP have decided to fight next (year's) polls...from 1998, AIADMK has been part of BJP alliance (at different points of time). PM Modi and late Chief Minister J Jayalalithaa had worked for Centre-state ties," Shah told a press conference, flanked by Palaniswami and outgoing BJP TN chief K Annamalai, here.
"We will form a government together led by Edappadi Palaniswami," he said, indicating it would be a coalition government should the NDA win.
He exuded confidence that the NDA will get a solid mandate and form a government.
On AIADMK's divergent stand on certain issues, Shah said will sit and discuss. There will be a Common Minimum Programme if required.
He also slammed the ruling DMK in the state, alleging it was raking up issues like Sanatan Dharma, 3-language policy and delimitation with the sole intention to take attention away from key issues.
People were demanding answers from the ruling dispensation over a number of 'scams,' and they would vote on genuine issues, Shah said.
