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Age of consent under Pocso Act: ‘Law panel did its work, govt will take final call’

By, New Delhi
Oct 08, 2023 08:26 AM IST

NCPCR chairperson Priyank Kanoongo however underlined that the apex child rights body had no issues with the recommendation made by the law commission

The 22nd Law Panel chairperson Rituraj Awasthi on Saturday responded to reports highlighting the National Commission for Protection of Child Rights (NCPCR)’s concern over the panel’s report on the age of consent under the Pocso Act, and said that the commission had done its work and it was for the government to decide what was to be done.

HT Image
HT Image

“NCPCR is altogether a different body and they may take any stand but we have done our work and submitted our report to the government. The NCPCR may have raised a concern, but ultimately the government will decide accordingly, so we cannot make any comment on the stand of NCPCR or anyone else,” law panel chairperson Awasthi told HT.

Noting that the panel’s report on the age of consent was only “recomendary and not binding”, the law panel head noted that the commission “had taken” the recommendations of the NCPCR under consideration while publishing the report.

“We had discussed this matter and consulted NCPCR on this issue and whatever they have said we have taken into consideration while preparing the report,” Awasthi added.

NCPCR chairperson Priyank Kanoongo however underlined that the apex child rights body had no issues with the recommendation made by the law commission but instead noted that the policy brief published jointly by Enfold Proactive Health Trust, UNFPA and UNICEF was “incorrect”.

Raising concerns over the policy brief published jointly by Enfold Proactive Health Trust, UNFPA and UNICEF, Kanoongo told HT, “We have no issues with the law commission; our only objection is whatever data has been used by the UNICEF and Enfold was incorrect because they have not used Indian government data sources, specially NCRB, and they have been forced to withdraw the report.”

Reacting to the suspension of the circulation of the UNICEF’s policy brief on the implications of the age of consent on adolescents’ rights under national and international human rights laws, the NCPCR chairperson added, “We will inform all the concerned departments, ministries and the commission about the withdrawal of the report of the UNICEF. The inception of the issue points to the report of UNICEF and that has been withdrawn, so now our chain of action would be first to apprise the government on that.”

Hours after the apex child rights body had raised questions on the veracity of the policy brief and written a letter raising concern, UNICEF India noted that the body had suspended circulation of a policy brief on the implications of the age of consent on adolescents’ rights under national and international human rights laws, noting that the paper is not UNICEF’s policy position on the complex issue of the age of consent and the conclusions are not endorsed by UNICEF India as policy recommendations.

“…In light of important issues and perspectives that have been raised, UNICEF recognises the need to review all available data and perspectives including the need to fully and comprehensively include an analysis of NCRB and other data on this issue and continue to engage with stakeholders and partners,” UNICEF India said in a statement.

The 22nd Law Commission has advised the government not to tinker with the existing minimum age of consent under the Protection of Children from Sexual Offences (Pocso) Act. The panel in its report to the Union law ministry suggested introducing guided judicial discretion in the matter of sentencing in cases involving tacit approval of children in the 16-18 age bracket.

The NCPCR’s main concern was the issue of giving the judiciary discretion in POCSO cases involving tacit approval of children aged 16-18 years.

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