“Reducing the age of consent will weaken the safeguards against child trafficking and child marriage”. Discuss.
Kartavya Desk Staff
Topic: Mechanisms, laws, institutions and Bodies constituted for the protection and betterment of these vulnerable sections.
Topic: Mechanisms, laws, institutions and Bodies constituted for the protection and betterment of these vulnerable sections.
Q3. “Reducing the age of consent will weaken the safeguards against child trafficking and child marriage”. Discuss. (10 M)
Difficulty Level: Medium
Reference: IE
Why the question The Bombay High Court granted bail to an accused in a POCSO case, stating that the 14-year-old girl had “sufficient knowledge and capacity to understand the full implications of her actions” as she voluntarily stayed with the accused for four days. Key demand of the question The question demands an analysis of how lowering the age of consent may weaken safeguards against child trafficking and child marriage while also considering arguments in favour of the change. A balanced conclusion is required. Structure of the answer Introduction Briefly introduce the significance of legal safeguards against child exploitation and the role of age of consent laws in India. Mention recent debates and legal perspectives. Body How reducing the age of consent may weaken safeguards against child trafficking and child marriage – Explain how traffickers may exploit this change, legal loopholes in child marriage prevention, enforcement challenges, health risks, and international commitments. Arguments in favour of reducing the age of consent – Discuss the need to recognize adolescent agency, prevent wrongful criminalization, align with global practices, and reduce judicial burden. Conclusion Provide a balanced view, suggesting a nuanced approach with judicial discretion while ensuring robust safeguards against exploitation.
Why the question The Bombay High Court granted bail to an accused in a POCSO case, stating that the 14-year-old girl had “sufficient knowledge and capacity to understand the full implications of her actions” as she voluntarily stayed with the accused for four days.
Key demand of the question The question demands an analysis of how lowering the age of consent may weaken safeguards against child trafficking and child marriage while also considering arguments in favour of the change. A balanced conclusion is required.
Structure of the answer
Introduction Briefly introduce the significance of legal safeguards against child exploitation and the role of age of consent laws in India. Mention recent debates and legal perspectives.
• How reducing the age of consent may weaken safeguards against child trafficking and child marriage – Explain how traffickers may exploit this change, legal loopholes in child marriage prevention, enforcement challenges, health risks, and international commitments.
• Arguments in favour of reducing the age of consent – Discuss the need to recognize adolescent agency, prevent wrongful criminalization, align with global practices, and reduce judicial burden.
Conclusion Provide a balanced view, suggesting a nuanced approach with judicial discretion while ensuring robust safeguards against exploitation.