Madhya Pradesh HC Urges Centre to Reduce Age of Consent

In a significant development, the Madhya Pradesh High Court (HC) has drawn attention to the need for revisiting the age of consent in India. The court's call comes after it quashed a First Information Report (FIR) against a 20-year-old man accused of rape, urging the central government to consider reducing the age of consent from 18 to 16 years. 

The court argued that such a step would prevent the unfortunate criminalisation of adolescent boys and ensure a fairer justice system. Justice Deepak Kumar Agarwal, presiding over a single-judge bench, criticised the 2012 amendment that raised the age of consent, stating that it has disrupted the social fabric. 

Justice Agarwal shed light on the changing dynamics of adolescence in the present era, emphasising the early onset of puberty due to increased awareness through social media and readily available internet connectivity. 

MP Court On Reduce Age of Consent

"Boys and girls are getting attracted to each other owing to this early puberty," the judge observed, leading to "consensual physical relationships." According to Justice Agarwal, in such cases, the male individuals involved cannot be considered criminals, as their actions are a result of their age and natural attraction. The court highlighted the importance of distinguishing between consensual relationships among teenagers and heinous acts of sexual violence.

The court's observations arose during a case of the dismissal of an FIR against a 20-year-old man who had faced accusations of repeatedly raping a 16-year-old girl over a span of six months ultimately impregnating her in April 2020.

The accused was arrested in July of the same year and charged under Section 376 of the Indian Penal Code and relevant sections of the Protection of Children from  Sexual Offences (POCSO) Act. He was subsequently detained without bail for three years.

In the judgement released on Thursday, Justice Agrawal examined the prosecution's version of events and took into account the physical and mental development of the adolescent girl and found it reasonable to believe that an individual of such age is capable of making a conscious decision regarding their well-being. "Prima facie, it appears that there is no mens rea (wrong intentions) involved," the court stated defending the accused’s actions.

Justice Agarwal concluded the judgement by urging the government to reconsider the age of the consent, advocating for a reduction from 18 to the previous threshold of 16 years, before the amendments. This, the court argued, would rectify the prevailing injustice and restore balance in such cases thus addressing the issue of injustice faced by young boys who might be unintentionally ensnared in legal complications due to consensual relationships with their peers.

The HC's plea has once again sparked debates on the delicate balance between safeguarding minors from exploitation while acknowledging their evolving maturity and capacity to make informed decisions. Legal experts and child rights advocates are closely following this case, as it could have far-reaching implications for India's legal landscape and the protection of adolescents' rights.

The centre's response to the court's request remains awaited. For now, the conversation around the age of consent in India continues.

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