Legislative Models of Prosecuting Child Sexual Abuse in India: A Review and Critical Analysis

Right to Sexual Autonomy of Children—Implications of the UNCRC upon the Indian Law on the Age of Consent

“…These effects included social consequences like early pregnancy, maternal and neonatal mortality, child health problems, exposure to violence and abuse, negative physical and psychological consequences, educational setbacks, lower employment/livelihood prospects and limited agency to influence decisions about their lives to reach their decision. Such adverse effects might even have an intergenerational impact (Mathew 2017a…”

“…The Netherlands model, in which close-in-age exceptions within 'social-ethical norms' are at the discretion of the prosecution, gives provisions to judges to set aside convictions if the accused and victim are within a reasonable age range, with both testifying on the non-abusive nature of the sexual activity. Further, the judge must be convinced that the sexual offence alleged is a manipulation of the legal system for personal vendetta (Mathew 2017a).…”

Sexual Abuse through Child Marriages - The Law in India

“…Recent case law of Indian high courts shows that there is a judicial trend to favour noncriminalization of sexual activity when a child is determined as mature and responsible enough to understand the implications of his/her sexual act [4]. The Verma Committee Report (2010) stated that the aim of the United Nations Convention on the Rights of the Child 1989 (UNCRC) upon which the POCSO is based is to protect children from sexual assault and abuse and not to criminalize consensual sex between two persons even if they are below 18 [5].…”