The Supreme Court is set to revisit the statutory age of consent for adolescents, a move that could clarify how the law balances protection from sexual exploitation with recognition of teenage autonomy. The matter is scheduled for hearing on November 12, with the bench signalling a preference for continuous hearings rather than fragmented proceedings.
Currently, Indian law sets the age of consent at 18 under the Protection of Children from Sexual Offences (POCSO) Act, 2012, and Section 375 of the Indian Penal Code. Any sexual activity involving persons below this age, even if consensual, is considered a criminal offence.
The blanket criminalisation has drawn criticism from legal experts and child rights activists who argue that it fails to recognise the evolving capacities of adolescents. Senior advocate Indira Jaising, assisting the court as amicus curiae, has urged that the age of consent be lowered to 16 for consensual relationships, asserting that the law criminalises teenagers for engaging in natural, consensual romantic interactions.
“Cases arise in which young individuals, aged between 16 and 18, engage in consensual relationships yet face criminal prosecution. The law does not differentiate between exploitative acts and mutual adolescent romance,” Jaising observed in her written submissions.
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The Centre, however, maintains that 18 remains a “deliberate, well-considered, and coherent” policy decision designed to shield minors from sexual abuse. Officials have cautioned that lowering the age of consent or introducing exceptions could weaken statutory safeguards, dilute the presumption of vulnerability, and expose adolescents to exploitation, trafficking, and abuse.
The hearing comes amid broader concerns about how Indian law recognises adolescent autonomy. Legal scholars emphasise that consent for minors is fundamentally different from adult consent, given teenagers’ emotional, cognitive, and physical immaturity. International child rights frameworks acknowledge the evolving capacities of children, but Indian statutes maintain a strict threshold to ensure uniform protection.
“The statutory age of consent is not merely a number; it embodies a societal commitment to safeguarding minors’ bodily integrity while recognising the limits of their decision-making capacity,” explained Anjali Menon, a child rights expert. “Any adjustment requires careful calibration between protection and autonomy.”
The Supreme Court will also examine the interaction between adolescent consent and other aspects of child protection law, including enforcement under the POCSO Act. With continuous hearings planned, the apex court’s ruling could have far-reaching implications, shaping legal and social approaches to adolescent relationships and consent across the country.
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