Centre rules out lowering age of consent from 18 to 16, urges case-by-case judicial leniency
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New Delhi: The Union government has opposed proposals to reduce the age of consent from 18 to 16 years under child protection laws, warning that such a move could expose adolescents to trafficking and exploitation.
In an affidavit to the Supreme Court, the government said that while judicial discretion could be used to determine if an alleged rape stemmed from adolescent romance, warranting leniency, the legal age of consent must remain 18.
“Diluting age of consent or introducing exceptions in the guise of adolescent romance would not only be legally unsound but also dangerous, as it would provide a defence mechanism even to those abusers who exploit the child’s emotional dependence or silence,” the government stated.
Additional Solicitor General Aishwarya Bhati told the court that in rare cases where adolescents engage in intimacy out of romantic curiosity, judges should adopt a sensitive approach and consider leniency on a case-by-case basis. However, she emphasised that judicial sensitivity should not be confused with lowering the statutory age.
The Centre has consistently argued that reducing the age of consent would undo decades of progress in child protection, including the safeguards under the Protection of Children from Sexual Offences (POCSO) Act.