A fresh legal and social debate has emerged in India after senior advocate Indira Jaising filed a petition in the Supreme Court challenging the existing age of sexual consent, currently set at 18. The move has reopened discussions about whether consensual sex between teenagers aged 16 to 18 should continue to be treated as a criminal offence.
In her plea, Jaising argued that consensual sexual activity between adolescents should not be equated with abuse. “The purpose of age-based laws is to prevent exploitation, not to criminalise consensual, age-appropriate intimacy,” she stated in her written submissions to the apex court.
However, the federal government has strongly opposed the petition, asserting that lowering the age of consent would undermine the protection of minors under Indian law. Officials maintain that such an exemption could expose teenagers to increased risks of abuse, trafficking, and child marriage.
The case has sparked renewed debate over the interpretation of the Protection of Children from Sexual Offences (POCSO) Act, 2012 — India’s primary legal framework for addressing child sexual abuse. Critics argue that the law, in its current form, inadvertently punishes consensual teenage relationships, stripping adolescents of agency over their bodies and choices.
Child rights advocates back the proposal to lower the age of consent to 16, saying it respects adolescent autonomy and reflects the reality that many Indian teens are sexually active. They warn that current laws are often misused by parents and community elders to break up consensual relationships, particularly those that cross caste, class, or religious lines.
Others caution against such a shift, questioning whether teenagers have the emotional and psychological maturity to give informed consent and handle the legal complexities if things go wrong.
India’s age of consent has undergone several revisions over time — from 10 years in 1860, to 16 in 1940, and finally 18 following the implementation of POCSO in 2012. Unlike countries like the UK, Canada, or most European nations where the age is typically 16, India continues to maintain a uniform legal standard of 18 years nationwide.
As the case unfolds in the Supreme Court, it raises critical questions about who defines consent, the balance between protection and autonomy, and whether Indian society and its legal system are ready to address the realities of teenage sexuality with nuance and empathy.
(This story is published from a syndicated feed)