Recently, the Delhi High Court discussed the relevance of good and bad virtual touches. This brings us back to the discussion about supposed immaturity and vulnerability of children to sexual predators and pertinence of their consent be it in the real or virtual world.

English Philosopher and political theorist, John Locke equates children’s minds with a Tabula Rasa implying a ‘blank slate’. In common parlance children are perceived as cognitively immature. Though neuroscientific evidences to the contrary are also available and often get manifested in daily lives, incorporation of Gillick Principles which permit individuals to showcase that they are competent to consent could be applied in adjudging consent. However, application of such principles in adjudging the quality of consent in age of consent for ‘sexual relations’ is a different debate altogether.

That being said, it is generally believed that children lack information, experience, rationality and consequently are especially vulnerable to persuasions and enticements apart from being incapable of exercising sufficient independence of will. It is the elements of ‘consent’ and ‘will’ that distinguish a consensual sexual act from the punishable offence of rape under IPC. This is where the protective role of society, state and guardians come into picture. These arguments lie at the base of evolution of legislations like Protection of Children from Sexual Offences Act, 2012 (POCSO) that imposes a blanket nullity to a consent if it is tendered by an individual under 18 years of age.

The provisions also get affiliation from the Constitution of India through its Articles 15(3)- special provisions for children, Article 39- protecting tender age children from abuse and exploitation and also confirm to the Convention on Rights of Child, 1989 to which has been ratified by India which necessitate the state parties to incorporate laws protecting interests of children.

The debates questioning the age of consent with respect to consent for establishing sexual relations are ongoing viz. the latest Report of Law Commission of India (283rd Report) that perused the matter in detail coming up with the suggestion to retain the age of consent for sexual relations at 18 years at the moment.

Amidst the ongoing debate it is critical that children be made aware of the concepts of welcome and unwelcome gestures, good and bad touches, virtual touches and a general overview of sexual autonomy as a concept. “Often parents presume their children to be ‘pure’ and ‘innocent’ in terms of sexuality (though in spite of readily available online content coupled with an evident curiosity especially owing to a hush-hush around the concept of sex) and in turn shield them from awareness of sex and thereby sexual predators” says Dr. Clare Bennet, an author and an expert in sexual health promotion at Cardiff University, Australia. Paradoxically it is the ‘shield’ that may increase their vulnerability. It is time that parents move past euphemisms and metaphors and engage in confident and yet comfortable discussions about sexuality within domestic spheres to preserve children’s debated sexual innocence and substantial vulnerability to sexual offences owing to immaturity of age.

- Adv. Namita Raje practices at Jharkhand High Court.