Human Rights Implications Of Minimum Age For Criminal Liability Laws In Sexual Offenses: A Case Study Of India

Abstract

The abuse of children sexually is a terrible worldwide problem that leaves victims with lifelong scars. In order to ensure justice and deter similar acts, legislative frameworks are essential. Balancing this objective with the evolving rights and autonomy of teenagers poses a significant challenge. With an emphasis on India's Protection of Children from Sexual Offences Act, this study examines the human rights consequences of minimum age requirements for criminal liability laws pertaining to sexual offences. POCSO establishes 18 as the minimum age of consent for all sexual activities, which has raised concerns about the possible infringement of teenage rights, such as the freedom from unjustified arrest and imprisonment, privacy, bodily autonomy, and access to knowledge about sexual and reproductive health.

The conflict between teenage rights and child protection is examined in the paper. This study examines how teenagers' ability to give consent is developing, as well as how criminalising any sexual behaviour under the age of 18 may violate their right to autonomy. International comparisons show how different countries handle this complicated topic and how their minimum age regulations vary. A human rights-based strategy for POCSO reform is put out in this study. In order to distinguish between consensual sexual behaviour between adolescents of similar ages and exploitative abuse, this study involves investigating the possibility of a tiered age of consent system. Furthermore, it is suggested to prioritise preventive interventions through detailed sexual education programmes for setting explicit rules for assessing capacity to consent. The necessity of open communication, stakeholder participation, and ongoing legislative revision is emphasised in the conclusion of the paper. India may develop a more effective framework for preventing child sexual abuse while defending the rights and welfare of all young people by giving human rights a higher priority.