Lowering Age Of Consent Will Undermine Child Safety: Government

The Union government has firmly rejected calls to lower the age of consent or introduce exemptions under the Protection of Children from Sexual Offences (Pocso) Act, stating that any dilution would weaken child safety and increase the risk of exploitation. The clarification was given in a written reply in the Lok Sabha on February 7 amid renewed debate following recent judicial observations.

Government response to Supreme Court observation

In January, a two-judge bench of the Supreme Court of India had asked the Centre to consider a so-called “Romeo-Juliet” clause to protect consensual adolescent relationships from the strictest provisions of the Pocso Act. Responding to a Lok Sabha question, the government said such changes would undermine the core objective of child protection.

Uniform age of consent defended

Minister for Women and Child Development Annpurna Devi stated that maintaining the age of consent at 18 years is a “conscious and considered policy determination”. She emphasised that uniformity across laws is intended to prevent manipulation, coercion and exploitation, recognising that minors lack the legal and psychological capacity to give informed consent.

Consistency across child-related laws

The minister highlighted that the age of majority has been uniformly fixed at 18 years under multiple statutes, including the Protection of Children from Sexual Offences Act, 2012, the Prohibition of Child Marriage Act, 2006, the Juvenile Justice (Care and Protection of Children) Act, 2015, and the Bharatiya Nyaya Sanhita, 2023. This consistency, she said, ensures coherence within the legal framework governing child rights and protection.

Important Facts for Exams

• Pocso Act, 2012 criminalises all sexual activity involving persons below 18 years.
• India’s age of majority is uniformly fixed at 18 years across key statutes.
• Pocso does not recognise consent for minors in sexual offences.
• The “Romeo-Juliet” clause refers to close-in-age exemptions in some foreign laws.

Pocso framework and misuse concerns

The reply came in response to questions raised by CPI MPs regarding alleged misuse of the Pocso Act. The government maintained that while concerns are noted, the legislative intent remains to prioritise child safety. Under the current statutory framework, any sexual act involving a person below 18 years is treated as an offence, irrespective of claimed consent, reflecting the State’s commitment to safeguarding children, particularly adolescent girls.