NEW DELHI: In a significant development, the Gwalior Bench of Madhya Pradesh High Court has appealed to the central government, requesting a reduction in the age of consensual physical relations between men and women from 18 years to 16 years in cases of rape. This plea aims to address the injustices faced by adolescent boys.
Justice Deepak Kumar Agarwal, the presiding judge of the single-judge bench, made this noteworthy statement during the hearing of a petition related to a rape case reported on July 17, 2020. Rahul Chandel Jatav had filed the petition seeking the quashing of an FIR registered under relevant sections of the IPC, Protection of Children Against Sexual Offences (POCSO), and the IT Act. A sessions trial for the case was also pending.
As a result, the court decided to dismiss the FIR against a 20-year-old man who had been accused by a 16-year-old girl of repeatedly raping her over a span of six months, ultimately leading to her pregnancy in April 2020.
The Gwalior court emphasized that puberty was occurring at an earlier age, around 14 years, due to the influence of social media and easy accessibility to the internet. Consequently, both girls and boys above this age were engaging in consensual physical relationships.
"Presently, with the widespread awareness through social media and easy internet connectivity, males and females near the age of 14 are experiencing puberty at an earlier stage. This early development has led to the attraction between male and female children, resulting in consensual physical relationships," stated the High Court.
This plea by the Madhya Pradesh High Court highlights the need for a reconsideration of the legal framework surrounding consensual relationships, taking into account the changing dynamics and realities of the digital age. By reducing the age of consent to 16, the court aims to address the concerns and experiences of adolescents while ensuring a fair and just legal environment.
