The Protection of Children from Sexual Offences Act

[advbose]

If you have a son who is 19 years old and happens to have a girlfriend
who is 17, be very afraid. If the two have sex — as may well happen —
your son may land up in jail for seven years or more.

The recently passed Protection of Children from Sexual Offences (PCSO)
Act, 2012, which is awaiting the President’s assent, has made sex with a
person below 18 years a criminal offence. Sex with a “minor” — even if
it is consensual — would be tantamount to rape in the eyes of the law.
The offender is liable to be punished with a jail term of at least seven
years. It may even extend to life imprisonment.

This is a marked departure from the current legislation — Section 375 of
the Indian Penal Code (IPC) — which states that sex with a person who is
younger than 16 years would be considered rape. Thus far, a consensual
sexual act with a person between 16 and 18 years was not regarded as
rape.

Admittedly, the PCSO Act has a lofty aim. It seeks to protect children
from offences such as sexual assault, sexual harassment and pornography.
It defines any person below the age of 18 years as a “child” and seeks
to penalise anybody who commits a sexual offence against him or her.