The Supreme Court will begin hearings on November 12 on a highly debated issue whether to lower the age of sexual consent in India from 18 to 16. The case, which could have wide social and legal consequences, will be argued by senior advocate Indira Jaising, who supports the change.
Jaising’s main argument is that adolescents are mature enough to make informed decisions about their own relationships and that the current law criminalises consensual teenage behaviour. She believes that lowering the age will also allow young people to seek safe medical care without fear of legal consequences.
She further argues that cases under the POCSO Act and rape laws must differentiate between consent and coercion. According to her, treating all adolescent relationships as crimes ignores social realities and leads to unnecessary prosecution.
However, several social organisations strongly oppose the proposal. They believe that even though children mature earlier and are exposed to global cultures, India’s social context is different. They argue that lowering the age of consent could increase exploitation, and instead, awareness and education should be prioritised.
This debate affects nearly 250 million Indian adolescents aged between 10 and 19, making it one of the most significant youth-related legal issues in recent times. The court’s decision will have lasting social, cultural, and legal implications.
