Age of consent must remain 18: Centre tells Supreme Court
New Delhi (The Uttam Hindu): The Central Government has ruled out any possibility of lowering the age of consent for sexual relations below 18 years. In its affidavit filed in response to a petition in the Supreme Court, the government has clarified that this age limit is a "well-considered legislative decision" to protect children from sexual abuse and any change in it would set back decades of legal progress.
During the hearing on a petition seeking to lower the age of sexual consent, the Central government has argued that laws like the POCSO Act and the new Indian Justice Code (BNS) are designed to protect the interests of minors. The government argues that adolescents under the age of 18 are not legally capable of giving valid and informed consent for sexual activity.
In its detailed response, submitted through Additional Solicitor General Aishwarya Bhati, the Centre said, “The age of consent of 18 years under Indian law has been fixed with the objective of creating a non-negotiable safeguard framework.” The government warned that any relaxation in this age limit would provide a loophole to abusers of the law, who often take advantage of the emotional dependency or silence of the victim.
Citing data from the National Crime Records Bureau (NCRB) and NGOs like Save the Children, the government said that in more than 50% of child sexual crimes, the perpetrator is an acquaintance, relative, teacher or neighbour whom the child trusts. The government warned that if the age of consent is lowered, such offenders will easily get away by saying that the relationship was consensual, defeating the very purpose of the POCSO Act.
However, amidst its tough stand, the government also admitted that the judiciary can use its discretion in cases of consensual love relationships in adolescence. The government said that in cases where both the teenagers are around 18 years of age, the relaxation of “close-in-age” (small age difference) can be considered.
The affidavit also mentioned the historical evolution of the age of consent, which was 10 years in 1860 and after various amendments was raised to 18 years in 1978, which is applicable till date. The government stressed that this limit is extremely necessary to protect the bodies of children and their dignity.