Delhi HC Seeks Center Gov’s Stand On Consensual Sex: The Delhi High Court has sought the response of the Central Government on a plea seeking to legalize the consent given to adolescents aged 16-18 years for consensual sex. A bench headed by Justice Mukta Gupta has issued this notice on the petition of a 21-year-old man.
The man is accused of having a consensual romantic relationship with a minor girl. A case has been registered on this (Protection of Children from Sexual Offenses (POCSO) Act) under the POCSO Act.
‘No evidence of forced sex’
The petitioner in the Delhi High Court says that he and the ‘victim’ had sex with each other of their own free will and there is no evidence of force being used. The petitioner says that the FIR has been registered only at the behest of the girl’s family. The petitioner has claimed that 16-18 year olds are capable of giving consent for sexual relations. In such a situation, reprimanding innocent teenagers for having sex with the consent of their female partner is against natural justice.
It also argued that the provisions of the Protection of Children from Sexual Offenses (POCSO) Act, which fail to recognize the valid consent of children aged 16-18 years, should be declared unconstitutional. This argument was given in the court on behalf of the petitioner’s advocates Samrat Nigam and Archit Arora.
The court has also sought the stand of the state on this petition challenging the trial court’s order framing charges against the petitioner under the POCSO Act. While ordering the issue of notice, the court asked the Center and the state to file counter affidavits within four weeks. Also, the next hearing of this matter has been fixed on April 11.
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