Bengaluru: Cases of elopement of minors or consensual sex in the age group of 16 to 18 should be out of the purview of the Protection of Children from Sexual Offences Act (POCSO), recommended experts and activists.
This view was voiced at the nation-wide two-day consultation on the Act that concluded on Sunday. Participants included judges from across the country, officials of the Union government, members of the State or national National Commission for Protection of Child Rights and activists.
Among the recommendations was an exception in cases of consensual sex. “ Children should not be criminalised for normal biological/sexual behaviour,” says the resolution.
Participants also sought for POCSO Act, 2012 to include sexual abuse of children in the digital realm covering child pornography, cyber bullying and sexting.
Much thought was given to the criminal justice system dealing with the Act. Experts believed there is a need to converge the juvenile justice system and the criminal justice system; courtroom orientation and trial training to children; and importantly, to reduce the number of times a child has to repeat a statement. “The statement under Section 164 of CrPC should be admitted as chief,” says the resolution.
Rajya Sabha MP Rajeev Chandrashekhar said, “It is high time that the response to child sexual abuse transitions from being incident specific and reactive to one that is institutional.”
