Madhya Pradesh HC Requested The Centre To Reduce The Age Of Consent For Sexual Relationships From 18 Years To 16 Years

The Madhya Pradesh High Court recently made a plea to the Central government, requesting a reduction in the age of consent for sexual relationships from 18 years to 16 years. The purpose of this request was to address the perceived "injustice" faced by adolescent boys who engage in consensual sexual relationships.

The Court noted that the Criminal Law (Amendment) Act of 2013, which raised the age of consent for girls from 16 to 18 years, has disrupted the societal balance. The increase in the age of consent to 18 years has resulted in adolescent boys being treated as criminals in society, which the Court deemed unfair. Justice Deepak Kumar Agarwal, in his order, stated that adolescents have been exposed to social media and experience puberty at an earlier age, leading them to enter into consensual sexual relationships before reaching adulthood.

The case before the Court involved a criminal plea to dismiss charges against a 23-year-old man accused of rape and other offenses under the Indian Penal Code (IPC), the POCSO Act, and the IT Act.

According to the allegations, the accused, who provided coaching classes to the minor victim, allegedly drugged her with juice, resulting in her unconsciousness, and engaged in sexual intercourse with her. The accused also purportedly recorded a video of the incident. The victim further claimed that the accused blackmailed her with the threat of circulating the video, coercing her into having sexual intercourse with him on multiple occasions. Additionally, she filed a complaint against another student who visited her home and engaged in sexual intercourse with her several times.

The counsel representing the accused contended that there was a delay of approximately seven months in the victim's complaint being filed. Furthermore, the counsel added that if any sexual intercourse had taken place, it was consensual.

In its decision, Justice Agarwal expressed the opinion that considering the physical and mental development of adolescents within the victim's age group, they possess the capacity to make informed decisions regarding their well-being. Additionally, the Court observed that there was no apparent intention to commit a wrongful act in the present case. Based on the facts and circumstances of the case, the Court deemed it appropriate to dismiss the FIR along with all subsequent proceedings.