Supreme Court asks, ‘Should U-18 sex be decriminalised?’ | India News – Times of India
The Supreme Court on Friday sought the Centre’s response on application of the Romeo-Juliet law to India to decriminalise consensual teenage sex as a PIL claimed millions of under-18 girls and over-18 boys engage in consensual sex but the boy gets arrested for statutory rape if the girl gets pregnant and her parents complain to police. The Romeo-Juliet law protects the boy from arrest if his age is not more than four years from that of the girl. Under Pocso, consent of a minor is immaterial and sexual activity with the minor would be sexual assault. Under IPC Section 375, sex with a girl below 16 is rape even she had given consent
Should Romeo-Juliet law be applied to decriminalise consensual sex: SC
The SC sought the Centre’s response on application of the Romeo-Juliet law to India to decriminalise consensual teenage sex as a PIL claimed millions of under-18 girls and over-18 boys engage in consensual sex but a boy gets arrested for statutory rape if the girl gets pregnant and her parents lodge a complaint with the police.
Under the Pocso Act, 2012, consent of a child below 18 years of age is immaterial and any person who attempts sexual activity with such an underage person would be guilty of sexual assault. Under Section 375 of the Indian Penal Code, sex with a girl below the age of 16 is rape even she had given her consent.
Prior to the Romeo-Juliet law which is in force in many foreign countries, statutory rape charges would apply in cases of teen sex only if the boy was an adult. Since 2007, many countries have adopted the Romeo-Juliet law which protects the boy from arrest if his age was not more than four years from that of the girl who is not an adult.
Petitioner-advocate Harsh Vibhore Singhal pleaded with a bench headed by CJI D Y Chandrachud that many boys who were just over 18 years of age were stigmatised on being arrested for indulging in consensual sex with girls in the 16-18 age group.
The CJI-led bench, also comprising Justices J B Pardiwala and Manoj Misra, issued notice to the Union government when Singhal argued about the importance of extending the Romeo-Juliet law to India to decriminalise consensual sex between 18-19-year-old boys with girls of 16-18 years of age.
“This grey area of law, a legislative vacuum, needs to be filled by guidelines on how statutory rape laws would operate by assessment of consent of 16+ to 18-year-olds before indicting the consenting adults,” he said.
Should Romeo-Juliet law be applied to decriminalise consensual sex: SC
The SC sought the Centre’s response on application of the Romeo-Juliet law to India to decriminalise consensual teenage sex as a PIL claimed millions of under-18 girls and over-18 boys engage in consensual sex but a boy gets arrested for statutory rape if the girl gets pregnant and her parents lodge a complaint with the police.
Under the Pocso Act, 2012, consent of a child below 18 years of age is immaterial and any person who attempts sexual activity with such an underage person would be guilty of sexual assault. Under Section 375 of the Indian Penal Code, sex with a girl below the age of 16 is rape even she had given her consent.
Prior to the Romeo-Juliet law which is in force in many foreign countries, statutory rape charges would apply in cases of teen sex only if the boy was an adult. Since 2007, many countries have adopted the Romeo-Juliet law which protects the boy from arrest if his age was not more than four years from that of the girl who is not an adult.
Petitioner-advocate Harsh Vibhore Singhal pleaded with a bench headed by CJI D Y Chandrachud that many boys who were just over 18 years of age were stigmatised on being arrested for indulging in consensual sex with girls in the 16-18 age group.
The CJI-led bench, also comprising Justices J B Pardiwala and Manoj Misra, issued notice to the Union government when Singhal argued about the importance of extending the Romeo-Juliet law to India to decriminalise consensual sex between 18-19-year-old boys with girls of 16-18 years of age.
“This grey area of law, a legislative vacuum, needs to be filled by guidelines on how statutory rape laws would operate by assessment of consent of 16+ to 18-year-olds before indicting the consenting adults,” he said.
