UNICEF India suspends circulation of policy brief on age of consent

The UNICEF India has suspended circulation of a policy brief on the implications of the age of consent on adolescents' rights under national and international human rights laws. The document was considered by the Law Commission in its recent report on the subject of age of consent.

The move comes after the apex child rights body NCPCR raised questions on the veracity of the policy brief published jointly by Enfold Proactive Health Trust, UNFPA and UNICEF.

The document was considered by the Law Commission in bringing out its report on the age of consent, saying it gives "misleading" arguments on the implementation of the Protection of Children from Sexual Offences (POCSO) Act.

The National Commission for Protection of Child Rights (NCPCR) had written to UNICEF asking it to withdraw the document.

"As per the data quoted in the policy brief, out of total POCSO cases studied, more than 24 per cent cases are 'romantic cases'. If 18.4 percent victims in the age of 16-18 years fall under the violation of Sections 4 and 6 of POCSO Act, 2012, how does 24 per cent cases are 'romantic cases'?" the NCPCR had asked in the letter to the UNICEF.

"Further, it is also stated that terming all POCSO cases against the victim where the age group is between 16-18 years pertains to romantic relationship is not correct and further may also be looked down upon as derogatory to the children of this country," the NCPCR stated.

In its response, the UNICEF India said the paper is not UNICEF's policy position on the complex issue of the age of consent and the conclusions are not endorsed by UNICEF India as policy recommendations.

"We further confirm that the distribution of the report has been suspended and that the report is no longer available on official websites," the UNICEF India said.

Responding to a query from PTI, the UNICEF India said that in 2022, Enfold, with support from UNICEF and UNFPA, authored a policy brief that studies the implications of the age of consent on adolescents' rights under national and international human rights laws.

The document was developed through an examination of legal standards, empirical studies, judicial precedents, and discussions with stakeholders and is a single data point in the ongoing complex legal and policy discussions on this important issue, and this research provides a valuable perspective to further inform the debate, it said.

"Further, in light of important issues and perspectives that have been raised, UNICEF recognizes the need to review all available data and perspectives including the need to fully and comprehensively include an analysis of NCRB and other data on this issue and continue to engage with stakeholders and partners,” the UNICEF India said in a statement.