July 24, 2025

Senior advocate Indira Jaising has requested the Supreme Court to reconsider the statutory age of consent, advocating for a reduction from 18 to 16 years. In the 'Nipun Saxena v. Union of India' case, she challenges the broad criminalization of sexual activities involving adolescents under the Protection of Children from Sexual Offences Act. Jaising argues that the current law fails to differentiate between consensual relationships and abuse, disregarding adolescent autonomy and maturity. She emphasizes that scientific and social evidence supports the capacity of teenagers to engage in consensual romantic relationships. Jaising draws attention to the significant increase in prosecutions under POCSO involving minors aged 16 to 18, predominantly initiated by parents and often related to inter-caste or inter-faith relationships. To address these concerns, she recommends the court introduce a 'close-in-age' exception to exempt consensual acts between adolescents from prosecution. Jaising cites international precedents and Indian legal principles to support her argument that legal capacity should not solely depend on age, advocating for the recognition of adolescents' rights to make informed choices regarding their bodies. She also highlights judicial attitudes in various high courts that question the automatic prosecution of adolescent boys under POCSO, emphasizing the importance of distinguishing between abuse and consensual relationships. Jaising concludes by urging the Supreme Court to recognize consensual relationships between 16 to 18-year-olds as non-abusive and exclude them from POCSO and rape laws. She calls for a reevaluation of mandatory reporting requirements under POCSO to ensure adolescents have access to safe medical assistance. By challenging existing legal frameworks, Jaising asserts that denying adolescents the right to make informed decisions about their bodies violates constitutional provisions safeguarding human dignity and fundamental freedoms.

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Tags: Supreme court, Age of consent, Indira jaising,