Govt Opposes Plea To Reduce Age Of Consent Under POCSO To 16, Warns Of Risk Of Exploitation Of Minors

Mumbai: In India, the debate over the legal age of sexual consent has been going on for years, both in public discourse and in the courts. At present, the age of consent is 18, meaning anyone under this age is legally considered a child, and their consent to sexual activity is not recognised under law. Engaging in sexual activity with a minor is classified as statutory rape and is a criminal offence.

POCSO Age of Consent Under Legal Challenge

Government and child rights activists largely support keeping the age at 18, arguing it is essential for protecting minors. However, some voices are calling for it to be reduced to 16. Senior lawyer Indira Jaising, appearing for petitioner Nipun Saxena, has urged the Supreme Court to lower the age of consent under the Protection of Children from Sexual Offences (POCSO) Act, 2012 from 18 to 16. She argues that many boys and girls between the ages of 16 and 18 engage in consensual relationships, yet under the current law, one of them—often the boy—is criminalised. This, she says, leads to minors in genuine romantic relationships facing criminal charges that can ruin their lives.

In the last week of July, however, the central government told the court that it would not support lowering the age of consent. Additional Solicitor General Aishwarya Bhati, representing the central government, opposed Jaising’s plea, warning that such a move could open the door to abuse and exploitation, especially of adolescent girls by older men.

Teenage love is not a new phenomenon in India, and opinions differ on whether adolescents are mature enough for physical relationships. Around the world, this is regulated through “age of consent” laws, which vary from country to country. In Germany, Italy, and Portugal, the age of consent for consensual relationships is 14. In France, Greece, Denmark, Sweden, and Thailand, it is 15. Britain, Canada, Russia, Norway, Switzerland, Israel, and certain U.S. states such as Michigan, Connecticut, and New Jersey set it at 16. In Ireland, some U.S. states like Illinois, Texas, and Missouri, as well as certain Australian states such as South Australiaand Tasmania, the age of consent is 17. Meanwhile, in Turkey, Egypt, and U.S. states including California, Arizona, and Florida, the age of consent is 18.

In 2012, POCSO raised India’s age of consent from 16 to 18. While intended to protect children from sexual abuse, critics say the law is often used against 16–17-yearolds in consensual relationships, particularly when parents disapprove—such as in cases of elopement, intercaste relationships, or interfaith unions.

Opponents of lowering the age also argue that any blanket exception could be misused in cases of kidnapping, human trafficking, or child marriage. They believe that if any reform is considered, it must be accompanied by judicial safeguards and greater discretion for judges.

Uniform Law Needed for Consent and Marriage

Lawyer Jai Vaidya stated, “We have to consider social perception. In social perception, urban and rural lifestyles are ideologically different. If the age limit is changed, what exactly will we achieve? It should be carefully thought about, because this subject is related to society, ideology, and family. This is the social aspect; another aspect is the legal one. Why is the law not the same for sexual consent and the age of marriage? A uniform law for these two matters is very important. Sexual relationships should come with both consent and responsibility. Because if at the age of 16 a girl becomes a mother, who will take responsibility for the child? If she or he does not have the required maturity, it creates another problem. If we reduce the age, how much will it benefit society? Otherwise, it may create complications. This is not only a male issue. If one of the partners becomes emotionally involved, how will they handle the situation at the age of 16 or 18, when they are not mature enough? Some might even fall into mental illness. The best way is to maintain uniformity in all important laws.”

“Social and legal aspects are intertwined; you cannot compartmentalise the issue. Everything affects other parts. Property and financial laws may not affect individuals in the long term. But when beliefs, actions, and family life are regulated by law, it has repercussions on their psychological, social, cultural, and financial life. No aspect can be segregated. Therefore, it is extremely important that the law follows a single policy,” she added.

Child activist Anuradha Sastrabuddhe stated, "This subject has several aspects. There should be a debate and a study of all these aspects before any decision is taken. Both physical and emotional aspects are involved in this subject. At the age of 16, hormonal changes are taking place, and there is a lack of emotional maturity and responsibility. Hence, studying all the aspects is necessary before making a decision about it."