A major legal and social controversy is unfolding in India as the Supreme Court hears a plea to reduce the statutory age of sexual consent from 18 to 16 years. Senior advocate Indira Jaising, acting as amicus curiae, presented a compelling argument that the current law unfairly criminalizes consensual relationships among teenagers aged 16 to 18. She emphasized that this violates their autonomy and constitutional rights, particularly the right to privacy and personal liberty.
Jaising noted that for decades, India’s age of consent remained at 16 before it was raised to 18 under the POCSO Act in 2012. She argued that the law now punishes even mutual relationships between adolescents, often leading to jail time, social stigma, and emotional trauma. These cases, she said, are frequently driven by disapproving parents rather than actual claims of abuse.
Supporters of the proposed change believe a “close-in-age” exception could strike a better balance—allowing consensual relationships between teenagers without exposing them to the criminal justice system. They point out that a growing number of POCSO cases involve what are essentially romantic relationships rather than exploitative ones.
However, the proposal faces strong resistance. The Indian government has opposed any lowering of the age limit, calling the threshold of 18 years non-negotiable. Officials argue that relaxing the law could increase risks of grooming, trafficking, early marriage, and online exploitation. Child rights activists have echoed these concerns, warning that the move could send the wrong message about child protection.
The Law Commission has also advised against reducing the age of consent. Instead, it suggests that courts be given more discretion in cases involving consensual adolescent relationships, so that young couples are not unduly punished for mutual decisions.
As the Supreme Court continues to deliberate, the case has ignited a broader conversation in Indian society. It raises complex questions about how to protect minors while respecting their evolving capacity to make choices, especially in a rapidly changing digital and social environment.
