With sexual crimes against girls setting off alarm bells and widespread protests, it is imperative to strengthen the legal framework and ensure its rigorous enforcement. There are some key areas in existing laws that can be improved
The Calcutta High Court advised adolescent girls to control their sexual urges and boys to respect their bodily autonomy. Courts have also often criticised the POCSO Act for prosecuting adolescents
Courts have often taken the view that in the absence of injuries in POCSO cases, it cannot be presumed that penetrative sexual assault did not take place and have convicted the accused
In a progressive judgment, the MP High Court took a humanistic approach and quashed the FIR against an accused who was in a romantic relationship with a minor girl, thereby saving both from ignominy
In a sign of progress, various courts have urged that the age of consent be reduced from 18 years to 16. Even the CJI is against the criminalisation of adolescents engaging in consensual sex
The Delhi High Court recently observed that it was not expected that the victim, a child of tender age, would behave like an adult by raising the alarm promptly. It noted that the child, with his level of vocabulary and comprehension was able to describe the incident and present a clear picture