![]() It is also violative of right to life and personal liberty of which freedom of choice is a necessary concomitant. Can we override the essential requirement of men’s rea or guilty mind before holding a person guilty of committing a crime? Strict liability is inconsistent with ‘presumption of innocence’ in criminal cases. Kidnapping is a strict liability offence, it is of no consequence that the girl accompanied him voluntarily. In all such cases, the girl’s father invariably registers a case of kidnapping against the boy. Thus, there are so many cases where the desire for togetherness compels young couples to elope. Honour killings are a stark testimony of our dark underbelly. Ours is a closed society where love is taboo and public display of affection is frowned upon. The concern here is regarding the way, the age of consent is interpreted and applied in our country. Another influencing factor is the socio-cultural milieu. Thus, modern States are justified in fixing age of consent and this age is to be determined, considering the physical, mental, emotional and psychological health of children. But, this permits reasonable interferences or restrictions necessary in society such as protection of health, morals etc. Under article 8 of the European Convention on Human Rights, the concept of the right of private life includes right to sexual life. Below 18 the law doesn’t allow her to have sex even if she is lawfully married, and above 18 she cannot say no because there is a presumption of matrimonial consent. Still, it is unfortunate that Indian wives do not have the liberty to exercise the option of consent. Union of India read down the exception to Section 375 that permitted men to consummate marriages with their brides between 15-18 years of age. In 2017 this situation changed after the Supreme Court vide its judgment in the case of Independent Thought v. The husband gets the right to consummate his marriage, as the Indian Penal Code does not recognize marital rape. Thus, till a child bride applies to get her marriage annulled, the marriage is deemed as perfectly valid. India signed CEDAW in 1980, still, child marriages are treated only as voidable and not void. It says child marriages should not have legal effect. Article 16 of the Convention of Elimination of Discrimination against Women (CEDAW) deals with marriage and family. This has now been repealed and replaced by the Prohibition of Child Marriage Act, 2006. This was later raised to 18 and 21 for girls and boys respectively in 1978. The Child Marriage Restraint Act, 1929 popularly known as the Sarda Act prescribed the age of marriage as 14 for girls and 18 for boys. The earliest law that we had on this subject was the Majority Act, 1875 which fixed the age of majority at 18 years (amended in 1999). One is mature enough to take decisions regarding casting his vote at 18 drive at 16 (gearless vehicles) or 18 (motor vehicles) drink at 18, 21, 23, 25 (different states have fixed different age) adopt at 21 work at 14 and marry at 18 (for girls) and 21 for (boys). Who decides the age of adulthood- Law, society, State or biological factors? In India, we have a different age of adulthood for different things. POCSO fixed the age of consent for both boys as well as girls at 18. In 2012 we got gender-neutral legislation for the protection of children against sexual offences. We did not have any age of consent for boys, and it was only in the 21st century that our lawmakers woke up to the possibility of sexual abuse of minor boys. Sexual activity with a girl below the prescribed statutory minimum age amounted to rape, irrespective of the girl’s consent. ![]() Under the Indian Penal Code, 1860 the age of consent was only for girls and was initially pegged at 10 years. Thus law forbids sexual activity with or among, children below a specified age. Owing to their immaturity of age and understanding, minors are considered incapable of understanding nature as well as consequences of their actions. Age of consent is defined as the age at which one is considered legally competent to consent for sexual activity.
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