Mains Question:
Q. Raising the age of marriage and age of consent have both been considered as measures for women emancipation, for historical reasons in India. Do you think there is a need to rethink of age of consent in light of POCSO act? (250 words)
Approach:
The question is of analytical in nature.
- Introduce POCSO act provisions and its gender neutrality.
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Question Mapping
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- Discuss the salient features of the Act
- A gender-neutral law
- Not reporting abuse is an offence
- No time limit for reporting abuse
- Maintaining confidentiality of the victim’s identity
- Discuss about the conflict of interest between age of marriage and age of consent.
- Mention the concerns regarding POCSO act.
- Misuse of the Law, blanket Criminalisation
- Burden on Courts
- Issue of Child marriage common among certain tribal groups in India
- Cybercrime, low level of awareness
- Mention recent judgements in relation to act (Vijaylakshmi vs State Rep case)
- Conclusion
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