The court rejected a FIR against a 20-year-old man accused of repeatedly raping and impregnating a 16-year-old girl. In 2012, India raised the age of consent from 16 to 18, which the judge said “disturbed the fabric of society.”
The judge was concerned about adolescent males being punished as criminals under the age of consent rule. Due to early puberty and increasing social media and internet exposure, teenagers approaching 14 are being attracted to each other and having consenting physical interactions, the court said.
The judge reasoned that guys who come into touch with girls and have such interactions should not be regarded criminals because of their age. In the situation at hand, the 16-year-old girl was capable of making a deliberate decision about her well-being, and the accused had no mens rea. The judge invalidated the accused’s FIR.
The judge also recommended lowering the age of consent from 18 to 16 to correct an injustice. According to the case, the government should reconsider the age of consent. This Madhya Pradesh High Court judgement is a single-judge bench’s opinion. It may not represent the judicial or Indian government.
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