Centre told SC – Minimum age for consensual sex cannot be less than 18 years

New Delhi. The Central Government has informed the Supreme Court that the minimum age of consent for sexual relations cannot be less than 18 years. This statement came during the hearing of a petition, which sought to reduce the age of sexual consent. The Center said in its affidavit that the current legislation, especially the Protection of Children from Sexual Offenses Act (POCSO) and the Indian Judicial Code, are designed to protect the interests of minors. The government argues that this age limit is necessary to protect children below the age of 18 from sexual exploitation and abuse.

The government said that the current age-related provision is aimed at protecting minors from sexual abuse, especially crimes committed by their acquaintances. However, the government admitted that judicial discretion can be exercised in cases of adolescent love affairs and consensual physical relations.

18 years of age – a well-thought-out decision
In a detailed written reply submitted by Additional Solicitor General Aishwarya Bhati, the Center said, “The age of consent of 18 years under Indian law is a well-thought-out legislative decision aimed at creating a non-negotiable protection framework for children.” The government said that this age limit has been fixed in view of the protection provided to children under the Constitution of India and diluting it would be like rolling back decades of progress in child protection laws.

The Center also said that laws such as the Protection of Children from Sexual Offenses Act, 2012 and the recently enacted Indian Penal Code (BNS) are based on the principle that persons below 18 years of age are not capable of giving valid and informed consent to sexual activity. The government also warned that if any relaxation is given in this age limit, it will give a way of escape to those who misuse the law, who take advantage of the emotional dependence or silence of the victim.

Historical background also given
The government, citing the historical changes in the age of consent, said that in the Indian Penal Code, 1860, this age was 10 years. After this, it was made 12 years in the Age of Consent Act of 1891. It was increased to 14 years in 1925 and 1929. In 1940, it was made 16 years and finally in 1978 it was made 18 years, which is applicable till date.

Scope of judicial discretion in the court
However, the government also said that the judiciary can exercise discretion in specific cases, especially when the case is of a consensual love relationship between two teenagers and both are around 18 years of age. In such cases, “close-in-age” relaxation can be considered.

Criminals should not get protection
The Center said that data from NCRB and various NGOs like Save the Children and Haq Centre for Child Rights make it clear that more than 50% of child sexual crimes are committed by people who know the victim or whom the child trusts, such as family members, teachers, neighbors etc. The government warned that if the age of consent is reduced, then such criminals may get relief by saying that sexual relations were consensual, which will undermine the intention of the POCSO law.

Danger of blaming children
The government also said in its statement that if the person committing sexual abuse is a parent or a close relative, then the child is not in a position to protest or complain. In such cases, arguing ‘consent’ is like blaming the child itself, and this weakens the protection of the child’s body and dignity.