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- DOI 10.18231/j.ijfmts.95887.1759557825
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CrossMark
Balancing protection and autonomy: Revisiting India’s age of sexual consent in the context of adolescent reproductive rights
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Praveen Dixit *
Praveen Dixit *
The age of consent for sexual intercourse in India is 18 years as per the current laws; therefore, there is a provision of punishment for involving sexual activity with minor females under the current Indian criminal laws. In an attempt to safeguard minors, these strict provisions were introduced. Still, while they protect the minor on one hand, on the other hand, this rigid standard has led to substantial medico-legal and public health challenges, especially concerning safe abortion services for minor girls in consensual relationships. This review explores the intersection of POCSO, BNS, and the Medical Termination of Pregnancy (MTP) Act, identifying gaps that left the mature adolescent girls at risk of unsafe abortions. Comparative international legal standards are also analysed to find an alternative model that balances the protection of the minors as well as their autonomy. The article advocates for a reformatory approach by introducing close-in-age exemptions, judicial discretion, and improved sex education, aiming to guide the Indian judiciary and legislative bodies towards a more balanced, humane and legal stance.
References
- Government of India. The Protection of Children from Sexual Offences Act, 2012. Act No. 32 of 2012. New Delhi: India Code;
- Available from: https://www.indiacode.nic.in/bitstream/123456789/2079/1/AA201 2-32.pdf.
- Government of India. The Criminal Law (Amendment) Act, 2013. Act No. 13 of 2013. New Delhi: PRS Legislative Research; 2013. Available from: https://prsindia.org/files/bills_acts/acts_parliament/2013/criminal- law-%28a%29-act-2013.pdf
- Government of India. The Bharatiya Nyaya Sanhita, 2023. Act No. 45 of 2023. New Delhi: Ministry of Home Affairs; 2023. Available from: https://www.mha.gov.in/sites/default/files/250883_english_010420
- Government of India. The Medical Termination of Pregnancy (Amendment) Act, 2021. Act No. 8 of 2021. New Delhi: PRS Legislative Research; 2021. Available from: https://prsindia.org/files/bills_acts/acts_parliament/2021/Medical% 20Termination%20of%20 Pregnancy%20Amendment%20Act%
- pdf.