The Bombay High Court has raised concerns about the criminalization of consensual sexual relationships involving minors and called for a shift in approach towards adolescents' sexuality.
While acquitting a 25-year-old in a case of consensual sexual relationship with a 17-year-old, the court noted that such cases overburden the judicial system and often result in acquittals. The court emphasized the need to strike a balance between protecting children against sexual abuse and respecting their autonomy.
Justice Bharti Dangre highlighted the distinction between the age of consent and the age of marriage, stressing that sexual acts do not solely occur within the confines of marriage. The court called for a broader understanding of sexual autonomy and recognized that the criminalization of adolescent sexuality has hindered their access to sexual and reproductive health services. It emphasized the importance of enabling young people to make informed choices while safeguarding them from harm.
Brief Facts:
The case involved a man convicted under the Protection of Children from Sexual Offences Act (POCSO Act) for allegedly raping a minor girl. Both parties claimed that they were in a consensual relationship, with the girl referring to her Nikah (marriage) under Muslim law as evidence of her adulthood. The court found that the evidence clearly established consensual sexual activity and deemed the conviction erroneous.
Observations by the Court:
The court highlighted the disparity in the age of consent between India and other countries. India has one of the highest age of consent globally, with 21 years for men and 18 years for women. In contrast, many countries set the age of consent between 14 and 16 years. The court called for India to consider global developments in addressing adolescent relationships and acknowledged the need for Parliament to reflect on the issue.
Furthermore, the court acknowledged the challenges faced by youth in the digital age, where easy access to information, including pornography, can shape their perceptions of sexuality. It emphasized the importance of providing comprehensive sex education and addressing the positive and negative influences of the internet on adolescents.
The decision of the Court:
As a result, the High Court acquitted the appellant, overturning the previous conviction
Case Name: Ashik Ramjan Ansari Versus The State of Maharashtra & Anr
Coram: Hon’ble Mrs. Justice Bharati Dangre
Case No.: Criminal Appeal No. 1184 of 2019
Advocates of the Petitioners: Mr. Murtaza Najmi with Mrs. Farida Murtaza Najmi, Ms. Davinder Sabharwal, Ms.Siddhi Ghogale, Ms.Sulbha Chakranarayan and Ms.Aqsa Tajuddin for the Appellant.
Advocatess of the Respondent: Mr. S.R. Agarkar, A.P.P. for the State, Ms.Sonali Sable with Mr. Macchindra Bodke for the Respondent No.2/Complainant.
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