Total Ban on any kind of sex with Minors:
Despite a recent Delhi court ruling, child rights activists say that consensual sex with a girl below 18 years of age is a crime. They point out that if the judgement was not scapped, it might become an escape route for rapits.
Delhi Commission for Women that the Prevention of Children from Sexual Offences Act mandated that there must be total prohibition upon teenagers or adolescents from having any kind of sexual relationship. It had instead said that consensual sex with a girl, who was below 18, would not amount to an offence under the POCSO Act.
“The Act does not talk about consensual sex in any of its sections. It only talks about sexual assault on kids, penetrative and non-penetrative sexual assault, the punishment for each of these, pornography and the impact. Nowhere is it mentioned that if a girl mentioned that if a girl gives her consent for a sexual act, the accused can be let off,” said a member of Child Welfare Committee.
She added, “In India, the law allows consensual sex above 18 years. Below 18 years, kids are gullible and if this judgement is referred everywhere then it will become a strong weapon for many rapists to escape punishment. In the case of “Asharam Bapu”, the victim is a 16 year old girl, he might use this as a way to bail out.”
So, regarding consensual sex, many activists say that there is a need for creating awareness among the school children right from the initial years.