The Central Government has told the Supreme Court of India that the current age of consent for sexual activity, which is set at 18 years under the Protection of Children from Sexual Offences (POCSO) Act, is a carefully considered legislative choice. The statement was made in response to a series of petitions and observations by the court regarding consensual relationships involving adolescents.
In recent years, multiple cases have reached the courts involving consensual sexual relationships between minors or between individuals just under and over the age threshold. Several High Courts and child rights activists have highlighted the need to revisit the current age limit, arguing that the law often criminalizes consensual relationships among teenagers and does not reflect evolving social realities.
However, in its affidavit to the Supreme Court, the Union Government said that the age of consent must remain at 18 to ensure legal protection for minors from exploitation and abuse. It added that the law aims to create a protective framework for children and that lowering the age could have serious implications on child rights and societal norms.
The Centre further explained that any shift in the legal age of consent would require extensive societal consultation and parliamentary debate. It emphasized that the current age is aligned with the legal age of adulthood in India and is consistent with international standards for child protection.
The government noted that the POCSO Act was enacted with the intention of safeguarding children from sexual offences while also ensuring their mental and physical well-being. Lowering the age of consent, it argued, might lead to increased vulnerability of minors to coercion, manipulation, and other forms of abuse under the guise of consent.
The affidavit also pointed out that while there may be individual cases where prosecution under the POCSO Act appears harsh, the broader objective of the legislation is to create a deterrent against child sexual abuse. In such sensitive matters, the law must prioritize the welfare of the child over individual exceptions, the Centre stated.
The Supreme Court had earlier sought the Centre’s views while hearing petitions in which teenage boys were charged under POCSO for consensual relationships with girls of a similar age. The court acknowledged the complexity of such cases and the need for balancing legal safeguards with the realities of adolescent behavior.
Child rights advocates have expressed differing views. While some support the government's position, others believe the law needs more flexibility to distinguish between exploitative and consensual relationships among teenagers. They suggest that courts should be given the discretion to consider the nature of the relationship and the age difference between the individuals involved.
As the debate continues, the Supreme Court is expected to examine the issue in greater detail and may provide further clarity on how to interpret and apply the law in cases of consensual relationships among minors.
