What happened in the Supreme Court? The government said- the age of consent for sexual intercourse cannot be less than 18 years

Legal Age for Sexual Consent: Senior lawyer Indira Jaisingh has recommended reducing the legal age for consensual sex from 18 years to 16 years. During the hearing on this case, the central government has said that the purpose of keeping the age of consent for sexual relations at 18 years is to protect minors from sexual exploitation.

What is Age of Consent for Sex: The age of consent for having sex cannot be less than 18 years. The central government has said this in the Supreme Court. The central government has told the Supreme Court that the purpose of keeping the age of consent for sex at 18 years is to protect minors from sexual abuse. The government said that many such cases have come to light in which sexual abuse is often done by relatives. However, the central government also admitted that in the present times, judicial discretion can be used differently on the basis of each case in cases of love and physical relations between youth.

Why did the government refuse to lower the age of consent for sex?

The central government told the Supreme Court, 'The age for consenting to sexual intercourse has been legally fixed at 18 years, which should be strictly and uniformly followed. Any change in this would be tantamount to pushing back decades of reforms in child protection law. Along with this, it will weaken the preventive nature of laws like POCSO Act 2012 and BNS.'

According to a report by the Times of India, the Centre said that the constitutional framework clearly supports the legal presumption that anyone below the age of 18 is incapable of giving consent for sexual intercourse. The Centre said, 'Lowering this age or relaxing the law can open the way for abuse (rape) under the guise of consensual (sexual) relations.'

In a detailed report submitted to the Supreme Court by Additional Solicitor General Aishwarya Bhati, the Centre explained how the age of consent was increased from 10 years in the Indian Penal Code, 1860, to 12 years under the Age of Consent Act, 1891, to 14 years under the amendment to the Indian Penal Code in 1925 and the Sharda Act (Child Marriage Restraint Act) of 1929, to 16 years through an amendment to the Indian Penal Code in 1940 and to 18 years through an amendment to the Child Marriage Restraint Act in 1978, which is in force till date.

Why did the government say - the age of consent for sexual relations cannot be less than 18 years?

In fact, senior lawyer Indira Jaisingh has recommended reducing the legal age for consensual sex from 18 years to 16 years. In her written petition, Indira Jaisingh has given several reasons behind the recommendation of reducing the age. She has cited Article 21 of the Constitution regarding this and said that sexual autonomy is a part of human dignity. In her petition, she has challenged the criminalisation of sexual activities involving boys and girls aged 16 to 18 under the POCSO Act and Section 375 of the Indian Penal Code. She has argued that the current law considers consensual love relationships between teenagers as a crime and violates their constitutional rights.

The judiciary can exercise discretion in different cases

The government further said that the judiciary can exercise discretion on a case-by-case basis, including near-age exceptions for those who have reached the age of 18 and those who have entered into a love relationship in adolescence. The Center said, 'The legislative framework governing child sexual crimes, particularly under the POCSO Act 2012, is based not only on the vulnerability of the child due to age, but also on the recognition that most such crimes are committed by persons close to the child, including family members, neighbors, caregivers and teachers. Such offenders have a profound impact on the rights and agency of minors.'

Shocking statistics of sexual crimes against children

It said data collected by NGOs such as the National Crime Records Bureau (NCRB), Save the Children and HAQ Centre for Child Rights showed that more than 50% of sexual crimes against children were committed by persons known to the child or persons trusted by the minor. The government said lowering the age of consent below 18 years because of romance among youth would be legally unfair and would protect abusers who take advantage of the emotional dependency or silence of a minor.

What will be the disadvantages of lowering the age of consent for sexual relations?

The central government further said, 'When the perpetrator is a parent or a close family member, the child's difficulty in filing a complaint or protesting increases even more. In such cases, presenting 'consent' as a defense makes the child the victim and puts the blame on them. Doing so undermines the basic purpose of the POCSO Act to protect children from exploitation, whether they do so 'willingly' or not. The government said that the court should not tamper with the existing age of consent (18 years), as it has been specified in many laws to protect the physical integrity of children and maintain the constitutional and statutory safeguards given to them.

PC: Zeenews