September 26, 2025

NEW DELHI: Get ready for some hot court drama! The Supreme Court has scheduled a day-to-day hearing starting November 12 on petitions that want to lower India’s age of sexual consent from 18 to 16. This is a big deal because it affects millions of young people and how the law sees their relationships. Leading the charge for change is senior advocate Indira Jaising, who told a three-judge bench of Justices Vikram Nath, Sandeep Mehta, and N V Anjaria that teens today are hitting puberty earlier and can give mature consent for sexual relationships. She argued, "There is no empirical data or research to indicate that persons aged between 16 and 18 are incapable of making mature decisions in relation to their sexual preferences and activities." In fact, she pointed out that worldwide, 16 is often seen as the age when young people can decide about sexual activity. Jaising also gave a social angle: "Decriminalising consensual sexual activity between adolescents in the age bracket of 16-18 years along with focus on sexual education will ensure non-abusive and non-exploitative sexual relationships." She explained this move would reduce the burden on courts, saying, "It will also lower cases that every HC in this country has to grapple with, where romantic relationships have been criminalised, leading to incarceration of young adolescent couples, which was never the intention of the statute." But hold on! Not everyone is on the same page. Seven interveners, including Dr Ambedkar Jankalyan Samiti and Centre for Social Development, argued strongly against lowering the age. They fear that it could be misused to exploit young children and weaken the powerful Protection of Children from Sexual Offences (POCSO) Act. They warned, it might even encourage child marriages and illegal religious conversions through "mala fide inducement." The Samiti said courts should decide on the validity of consent case by case, instead of giving a blanket reduction that could backfire. Jaising responded to concerns by pointing to real-life data from the National Health and Family Survey-5: "45% of teenage girls in the age group of 15-19 had sexual intercourse." She highlighted that criminalising these consensual acts often forces teens into early marriage simply to escape legal trouble. The Supreme Court is now gearing up for one of the most exciting and sensitive debates - balancing protection with freedom for young people in love. The verdict could rewrite how India looks at teenage relationships forever. Stay tuned for the courtroom saga starting November 12!

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Tags: Age of consent, Supreme court, Sexual consent, Adolescents, Pocso act, Indira jaising,