Paper: GS – II, Subject: Governance, Topic: Government Policies, Issue: Impact of Lowering the Age of Consent in India.
Context:
The Supreme Court in State of Uttar Pradesh v. Anurudh & Anr. noted POCSO Act’s misuse in consensual teen relationships involving minors. It urged a “Romeo-Juliet clause” to exempt genuine adolescent cases and revive age of consent debate.
Key Highlights:
Key Points:
- The Protection of Children from Sexual Offences (POCSO) Act, 2012 was enacted to protect children (persons below 18 years) from sexual assault, harassment, and exploitation through a special and child-friendly judicial framework.
- The age of consent is the legally defined age at which an individual can consent to sexual activity.
- In India, it is currently 18 years, as established by the gender-neutral POCSO Act. Anyone below this age is classified as a “child,” making their consent to sexual acts legally irrelevant.
- Consequently, sexual acts with minors are treated as “statutory rape” based on the legal presumption that children lack the capacity to give valid consent.
- Section 19 of the POCSO Act mandates that any person who suspects or has knowledge of an offense under the Act.
Criminal Law (Amendment) Act, 2013:
- Raised IPC Section 375 age of consent from 16 to 18 years.
- Aligned IPC with POCSO to strengthen child protection.
Bharatiya Nyaya Sanhita (BNS), 2023:
- Retains 18 years as age of consent.
- Section 63 defines rape to include sexual acts with a woman under 18, regardless of consent.
Arguments in Favour of Lowering the Age of Consent:
- Rising POCSO cases involving 16–18-year-olds often relate to consensual adolescent relationships.
- Current law fails to recognise adolescent sexuality and infringes autonomy of mature 16–18-year-olds.
- POCSO was meant to prevent child sexual abuse, not criminalise consensual teenage romance.
- NFHS-4 data shows early sexual activity is a social reality (39% girls before 18).
- Studies (Enfold, Project 39A) reveal many POCSO cases involve romantic/consensual relationships, with victims refusing to testify.
- Advocates support a nuanced approach: recognise consent above 16 with safeguards.
- Suggest sex education, informed consent awareness, and legal reforms.
- Cite international practice (UK, Canada, EU) allowing age 16 with “Romeo-Juliet/close-in-age” exemptions.
The Challenge:
- Lowering the age of consent may weaken deterrence and enable trafficking and child abuse under the guise of consent.
- The “bright-line rule” (under 18 = no consent) ensures clear, objective protection for minors under POCSO and BNS.
- Codifying exceptions risks subjective misuse, though courts may exercise limited discretion in rare cases.
- Majority of child abuse occurs by known persons (family, teachers, caregivers); consent claims are often meaningless.
- Children often lack emotional maturity to resist, report, or understand consequences of sexual activity.
- Dilution may legitimise coercion, suppress reporting, and violate the best interests of the child principle.
- Parliament has repeatedly rejected lowering the age:
- Justice Verma Committee: suggested 16, but Parliament raised it to 18 (2013).
- Parliamentary Committees (2011, 2012): opposed minor consent and close-in-age exemptions.
- Law Commission (2023): warned lowering age would make POCSO a “paper law”.
The challenge lies not merely in changing the age of consent, but in recalibrating the law to protect children from exploitation while respecting adolescent agency in consensual relationships.
Source: (The Indian Express)
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