Several doctors, psychologists, activists oppose attempts to lower age of consent

New Delhi, Aug 28 (PTI) Several doctors, psychologists, rights activists and lawyers on Thursday opposed attempts seeking lowering of legal age of consent from 18 to 16 years, with NHRC member Priyank Kanoongo terming the move a "time bomb", which, if "not defused", will "explode inside families".

At a roundtable held here on the sensitive subject, many doctors argued that at 16, a human brain is "not mature enough" to take decisions related to healthy sexual relationship or weather its psychological impact, and for such girls it also carries the risk of teenage pregnancies and "concomitant health hazards".

The Supreme Court has been urged by amicus curiae and senior advocate Indira Jaising to read down the statutory age of consent from 18 to 16 years.

Jaising, who is assisting the top court in the 'Nipun Saxena vs Union of India' case, recently filed her written submissions challenging the blanket criminalisation of sexual activity involving adolescents aged 16 to 18 under the Protection of Children from Sexual Offences Act (POCSO), and Section 375 of the IPC.

She argued that the current law criminalises consensual romantic relationships among adolescents and violates their constitutional rights.

At the roundtable titled 'Intrusion on Civilisation: Lowering the Age of Consent - Analysing its Impact', Kanoongo delivered the keynote address, and cautioned against lowering the age of consent.

"It is necessary to defuse this time bomb. I have been working with children for the past decade. And, the matter of students committing suicide on the day of exam results for 10th and 12th classes is still a challenge for the country," he said.

The NHRC member said a student appearing for Class 10 exam is about 16 years old, and those appearing for Class 12 exam are aged less than 18 years.

"Experts said people are not talking to such children. Children have gone in a slio, they are under pressure and committing suicides. There is need to talk as family members are not willing to talk... We have lost thousands of students, who were the future of the country, to suicide," Kanoongo said.

To save this future, the prime minister engages annually in the 'Parkisha Pe Charcha' event so that the students don't take stress during exam time, Kanoongo said.

"In such a country, how can we grant permission to youngsters to engage in sexual relationship at the age of 16," he asked.

"This is a time bomb, and if we don't defuse it, it will explode inside families," Kanoongo said.

He also alleged that those who have gone to the Supreme Court seeking lowering the age of consent "have their own agenda".

Kanoongo cautioned that cases of teenage pregnancy, and young males struggling with relationship tensions and suicidal tendencies may see a rise if the age is lowered.

"If we can confront the situation today, it is better," he said.

The NHRC member said legal interventions are being sought from multiple parties, including a trafficking survivor and an NGO.

At the end of the nearly two-hour session, a declaration was made by the organisers which was later circulated for the participants to endorse with their signatures.

The event was hosted at the India Habitat Centre by SGT University, Gurugram, in collaboration with the Network for Access to Justice and Multidisciplinary Outreach Foundation.

A report compiled by the foundation was also released on the occasion.

Doctors from various hospitals in Delhi, psychologists from the Institute of Human Behaviour and Allied Sciences (IHBAS) and other medical experts took part in the roundtable.

Many participants argued that the context of India is different from the western countries when it came to deciding on the age of consent.

Nishant Goyal, a psychologist from the Central Institute of Psychiatry (CIP) in Ranchi, and other medical experts took part in the discussion virtually.

"A person at that age (16) is not socially, mentally or psychologically prepared for this (sexual relationship). It will be wrong," Goyal said.

The forum underscored the need for a "nuanced and balanced approach" to child protection laws -- one that protects the rights and safety of young people while addressing broader social and cultural considerations, "without diluting the protective intent of the existing legal framework", the organisers said.

Jaising has submitted that adolescents today attain puberty earlier and are capable of forming romantic and sexual relationships of their choice.

"Criminalising sex between teenagers is arbitrary, unconstitutional, and against the best interests of children," Jaising said. PTI KND ARI