The Supreme Court is currently evaluating whether to reduce the age of consent for consensual sexual activity from 18 to 16 years under the POCSO Act—an issue stirring intense debate over adolescent autonomy vs. child protection.
What’s Fueling the Debate?
Senior advocate Indira Jaising argued that the current POCSO provisions criminalize consensual relationships between adolescents aged 16–18, thus violating their autonomy. She urged the Court to consider a “close-in-age” reform to mitigate penalizing teenage romance. PMC+2Navbharat Times+2The Times of India+12India Today+12India Today+12India Today+7Wikipedia+7YouTube+7India Today+3www.ndtv.com+3The Times of India+3India Today+2The Times of India+2
In contrast, the Central government firmly opposes reducing the statutory age, calling it a deliberate safeguard to protect minors from exploitation. While it allows for judicial discretion on a case-by-case basis, it warned that lowering the age could dilute protective laws and invite abuse. India Today+1
A Historical Background
The conversation around age of consent isn’t new. In the 19th century, consent age began at 10, rising gradually to 16 in 1940. Before POCSO, the IPC aligned with that standard. The 2013 Criminal Law (Amendment) Act harmonized laws, raising the threshold to 18. Jaising now maintains there is no substantial rationale for this increase. www.ndtv.com+5India Today+5India Today+5
Key Arguments at a Glance
| Perspective | Argument |
|---|---|
| Adolescent Rights | Reducing the age would respect autonomy and prevent criminalizing consensual teens. |
| Government / Child Safety | Keeping it at 18 maintains uniform protection against abuse and exploitation. |
What This Means for Law & Society
- A shift in the age of consent could influence how adolescent relationships are legally treated, though judicial discretion remains intact. WikipediaIndia Today
- The Court’s decision may reshape interpretations of consent, rights, and legal vulnerability under existing frameworks like POCSO and the BNS.
Internal Link
Explore more on legal reforms in adolescent laws: Legal News on Child Justice at TimesNTalk
External Reference
Read the original report: India Today – Age of consent debate
