The Madras High Court has stated that the consent of a minor girl holds no relevance in cases of sexual relations. The court emphasised that the mental trauma faced by a minor girl enduring aggravated penetrative sexual assault would have a lasting impact, and the offender cannot claim ignorance regarding the consequences of such a heinous act.
Justice R Hemalatha made this observation while dismissing an appeal filed by Sathishkumar, who challenged his conviction in a rape case involving a 15-year-old girl in Chennai. In 2018, the Special Court for Protection of Children from Sexual Offences (POCSO) Act Cases in Chennai convicted Sathishkumar and sentenced him to 10 years of rigorous imprisonment. In his appeal, Sathishkumar claimed that he had been involved in a consensual relationship with the minor girl and argued that their physical relationship was based on mutual consent.
He further stated that they had performed a traditional wedding ceremony by tying the “thaali” (mangalasutra) at the Tiruttani temple before spending a few days together at Hogenakkal in 2014. However, the girl returned to Chennai and voluntarily surrendered at the concerned police station, where a missing case had been registered. She accused Sathishkumar of forcibly taking her and engaging in a physical relationship against her will. Subsequently, the girl was married off to her maternal uncle.
Justice Hemalatha of the Madras High Court emphasised that the consent of a victim holds no significance in cases of sexual assault. The judge stated that offenders charged under the Protection of Children from Sexual Offences (POCSO) Act cannot claim ignorance of the consequences of their actions, as the trauma inflicted upon the victim will haunt them indefinitely. Even if the victim appears to have moved on and is happily married, the mental anguish caused by such an incident will persist. The court firmly established that the appellant, being older than the victim, was fully aware of the implications of impregnating a girl.
Last year, Justice Dangre of the Mumbai High Court highlighted the importance of protecting children from sexual violence while acknowledging the need to enable young individuals to explore their boundaries, make choices, and take risks without exposing them to inappropriate responses, harm, or danger. It was recognised that the legal approach towards adolescent sexuality has hindered their access to sexual and reproductive health services.
Similarly, a year prior, Judge Anoop Kumar Mendiratta of the Delhi High Court denied bail to an accused individual who allegedly kidnapped and raped a 14-year-old girl. The judge stated that the act committed by the petitioner could not be mitigated by the fact that sexual abuse sometimes results in the victim marrying the accused or giving birth to a child. The consent of a minor is deemed immaterial and inconsequential under the law.
The rulings serve as a reminder that the law is designed to provide justice and protection for minors who are vulnerable to exploitation and abuse. The judiciary’s unwavering commitment to upholding the rights of victims and deterring offenders sets an important precedent for the legal system’s approach to handling cases of sexual assault involving minors.
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