Legal experts, child rights advocates, and social policy researchers are urging lawmakers to address the growing concerns around the criminalisation of consensual relationships between adolescents. The demand is not to lower the age of consent but to differentiate between exploitative acts and mutual relationships among teenagers. They argue that the current legal framework, particularly the Protection of Children from Sexual Offences (POCSO) Act, often results in unjust prosecution of young people involved in consensual relationships.
Under the POCSO Act, any sexual activity involving a person under the age of 18 is considered statutory and therefore non-consensual under the law. This means that even if two minors or a minor and a slightly older adolescent engage in a consensual relationship, the older partner may be charged with serious offences, including rape. Activists believe this rigid application of the law ignores the realities of adolescent development and often causes more harm than protection.
Several high-profile cases have highlighted situations where teenagers have been sent to juvenile homes or imprisoned based on complaints from disapproving parents or community members. In many of these cases, both individuals involved claim the relationship was consensual. Experts say this has led to unnecessary trauma, social stigma, and disruption in education and emotional development for the young individuals involved.
Legal scholars suggest that the law needs to make a distinction between exploitative acts, which must be punished severely, and consensual acts between individuals close in age. They recommend introducing a close-in-age exemption or judicial discretion in such cases. This would allow courts to evaluate the context of each relationship and avoid automatic criminalisation.
Child rights activists emphasize that criminal prosecution is not an appropriate response to adolescent romantic relationships. Instead, they advocate for a more supportive framework involving education, counseling, and open family discussions. They warn that criminalising adolescent love only pushes these relationships underground, making it harder for young people to seek help if needed.
The National Commission for Protection of Child Rights has also acknowledged the need to examine how laws impact adolescent behaviour. Several child psychologists and educators argue that the current legal stance does not align with global standards on child protection and adolescent rights. Many developed countries have already adopted policies that protect minors from sexual exploitation while also recognising the existence of consensual teenage relationships.
While the government has not yet proposed specific amendments, ongoing discussions in legal and academic circles suggest growing momentum for reform. Experts hope that future legal revisions will reflect a more balanced and compassionate approach toward adolescent relationships, protecting minors from both exploitation and unnecessary criminalisation.
Until such reforms are made, activists continue to call for the responsible use of existing laws and more awareness among law enforcement, judiciary, and parents about the consequences of criminalising consensual adolescent behaviour.
