The Madhya Pradesh High Court has called upon the central government to consider reducing the age of consent for women from 18 to 16. The court made this observation while dismissing a First Information Report (FIR) against a 20-year-old man accused of rape.
In 2012, an amendment had raised the age of consent from 16 to 18, which the court now believes has caused an imbalance in society.
The single-judge bench, Justice Deepak Kumar Agarwal, stated that due to early puberty influenced by social media and easily accessible internet connectivity, boys and girls near the age of 14 are becoming attracted to each other, leading to consensual physical relationships.
The judge emphasized that in such cases, the male individuals involved are not criminals, as their actions are a result of their age and natural development.
The court’s ruling came in response to a case where a 20-year-old man was accused by a 16-year-old girl of repeatedly raping her for six months, resulting in her pregnancy in April 2020.
The man had been arrested in July that year and remained in custody without bail for three years under the charges of Section 376 of the Indian Penal Code and relevant sections of the Protection of Children from Sexual Offences (POCSO) Act.
Justice Agarwal, in his judgment, highlighted that considering the physical and mental development of adolescents in that age group, it is reasonable to assume that they are capable of making conscious decisions regarding their well-being.
He also pointed out that there seemed to be no wrong intentions involved in this particular case.
The court further urged the government to contemplate reverting the age of consent for women back to 16 years, as it was prior to the amendments, in order to rectify the perceived injustice.