Student at Christ University, Lavasa, Pune, India
One of the significant pieces of legislation that is the POCSO Act of India in 2012 , has so far catered to the protection of kids against sexual crimes and abuse by entrusting strict legal safeguards. However, this deals with the criminalization of sexual activities involving minors, a matter that raises massive concerns when applied to consensual relationships between adolescents. This research paper critically investigates the impact of the Protection of Children from the Sexual Offence Act on teenagers' willing romantic relationships by inquiring into adolescents' autonomy complexes, the development of legal definitions concerning consent, and sociological attitudes toward teenage relationships. This paper, thus, uses a child protection framework in looking at the application of a doctrinal analysis concerning relevant case law and legal interpretation on the difficulties that arise in distinguishing between consenting acts within minors and exploitative behaviors. The stringent conditions under the act raise pertinent questions on how they will apply to the relationship between two teenagers based on mutual consent. This paper critically questions the POCSO foundation behind negotiating consent relating to relationships. Moreover, issues regarding establishing consent in the light of adolescent interactions are discussed in detail, including the legal principles of the concept of consent. This paper will try to make things more straightforward concerning judicial perception towards consensual relations under the POCSO Act by perusing relevant case laws and legislative changes. It further takes the tangent discussion regarding the legal implications of consensual relationships and sociological and cultural nuances that may alter perceptions in the same regard. In this context, it will enlighten legal practitioners, lawmakers, and other concerned parties about safeguarding the legal rights and welfare of children.
Research Paper
International Journal of Law Management and Humanities, Volume 8, Issue 2, Page 465 - 473
DOI: https://doij.org/10.10000/IJLMH.119134This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
Copyright © IJLMH 2021