There are a lot of people who wonder whether or not it is okay to date a minor, especially in India. To be honest, there are lots of myths and misconceptions out there, but we are here to put things into perspective and clearly tell whether it is okay or not. And that can only be understood if you pay attention to the laws in place regarding or against dating a minor in India. So let’s see what these laws are.
What Are The Specific Laws Regarding Governing Relationships with Minors In India?
In India, there are specific age rules for engaging in certain types of relationships, similar to rules for other activities like voting or driving. Among all, this very important age limit is termed as “age of consent,” which is 18 years in India. This is even reflected in the laws themselves, for the simple reason that one below 18 is considered to be a minor, and minors are not presumptively deemed to have acquired the necessary capacity to make sound choices with regard to consensual sexual relations. There are mainly two laws that discuss this topic: the Indian Penal Code (IPC) and POCSO Act. The IPC terms the act as “statutory rape” and considers it an offense to have sexual intercourse with any person under 18. Meanwhile, the POCSO Act provides for the protection of all children up to 18 years against sexual offenses.
What Is The Age of Consent in India?
Years ago, every single girl could have a relationship with a boy who is of a different age. But with the addition of this age nowadays, the definition has been set at 18 for both boys and girls. Some now think that this is an age limit that should be kept lower because teenagers always find a way out to get involved with some kind of romantic feelings. Nonetheless, the law sets this age to ensure the protection of young people from potential harm.
Recent Judicial Interpretations and Recommendations
Recently, courts in India, such as the Delhi High Court, have noted that laws cannot always prevent teenagers who love each other from being together. The author substantiated this point by quoting the case of two persons who were in love and where one was below 18 years of age. The court recognized their genuine affection and stated that they shouldn’t be punished just for their relationship. The Law Commission, which reviews and suggests changes to laws, is considering whether to adjust legal penalties for teenagers who are close in age and have mutual affection.
Marital Context and Exceptions
From the legal point of view, many things look different for married couples in India. So, in some sense, it lets young people marry, and the law takes that into account. Whether it is proper/legal or not is still under debate, especially when one of the persons involved is very young. The law aims to safeguard young people while respecting the institution of marriage. And as the teenager grows into a young adult, they are bound to have the urge to experience love. Societies and families, of course, tend to worry. So, the school and parents come to openly talk with children about such feelings and legalities with which they have to be bound.
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