Supreme Court intervention plea highlights NGO opposition to lowering the age of consent from 18 to 16, warning of child abuse, paternity complications, exploitation, and pedophilia risks under Indian law.
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NEW DELHI: A petition before the Supreme Court seeks to reduce the age of consent for sexual activity from 18 to 16 years. Child rights groups and NGOs have strongly opposed the move, warning that such a change could expose millions of adolescents to abuse, coercion, and exploitation.
Among the opponents, the Network for Access to Justice and Multidisciplinary Outreach Foundation has filed an intervention application, making a strong case for retaining the age of 18 while strengthening legal safeguards instead of diluting them.
Represented by its Director, Ms. Nidhi Sharma, and filed through Advocate Abhaid Parikh, the intervention argues that lowering the age of consent would:
- Create a dangerous legal vacuum.
- Expose vulnerable adolescents to exploitation, coercion, and abuse.
- Undermine India’s existing uniform child protection framework.
The NGO highlights that both the POCSO Act, 2012, and Section 63 of the Bhartiya Nyaya Sanhita, 2023 (replacing Section 375 IPC), criminalize sexual activity with anyone under 18, regardless of “consent.” Diluting this threshold, they argue, would erode decades of progress in child protection.
The intervention stresses that adolescents between 16–18 years are often incapable of giving fully informed consent. Creating a legal exception could encourage groomers, traffickers, and older abusers to misuse “consensual” relationships as a shield against prosecution.
The application cites:
- Law Commission of India Report No. 283 (2023): Explicitly rejected lowering the age, warning of increased child marriage, grooming, and trafficking risks.
- Tamil Nadu DGP’s Memo on ‘Romeo-Juliet Cases’: Directed police not to make quick arrests in mutual adolescent relationships. The NGO argues this contradicts POCSO and risks confusion in enforcement.
- International Examples: Countries with lower consent ages (e.g., Romania at 16, Bulgaria at 14) report higher teenage pregnancies and abortions, outcomes India cannot afford due to socio-economic vulnerabilities.
The NGO’s application outlines several problems that could arise if the consent age is lowered:
- Parentage & Marriage Issues: A minor mother cannot legally marry under the Prohibition of Child Marriage Act, creating complications in establishing paternity (as per Section 116, Bhartiya Sakshya Adhiniyam, 2023).
- Child Development Risks: Research shows children born to mothers under 20 face long-term health and developmental disadvantages.
- Pedophilia Encouragement: Older men may exploit the exception to justify sexual relations with minors.
The NGO even draws on historical examples, including the case of British anthropologist Verrier Elwin, who allegedly married a 13-14-year-old tribal girl, Koshi, illustrating how age disparity and power imbalance can be exploited.
The application points out that under the Digital Personal Data Protection Act, 2023, a “child” is defined as anyone under 18, with strict safeguards against tracking and behavioral monitoring. Lowering the age of consent would create inconsistencies across laws.
Instead of lowering the threshold, the NGO recommends:
- Enhancing the Juvenile Justice Framework: Strengthening Section 15 of the JJ Act, 2015, which allows preliminary assessments for 16–18-year-olds accused of heinous crimes.
- Better Training for Juvenile Justice Boards: Ensuring magistrates and members understand adolescent psychology and balance child-centric justice with legal accountability.
- Discretion in ‘Genuine Romantic Cases’: Equipping courts and police with better capacity to handle sensitive cases without blanket legal changes.
The NGO also emphasizes its study, “Intrusion on Civilization: Lowering the Age of Consent – Analysing its Impact” (August 10, 2025), which strongly recommended retaining 18 as the minimum age while improving law enforcement discretion.
The Centre has firmly opposed lowering the age of consent, reiterating that the current framework under POCSO and related laws is essential for protecting children.
Background
The Supreme Court is hearing a plea on whether the age of consent under the POCSO Act should be reduced from 18 to 16 or if exceptions should be made for adolescent relationships. The Union government, represented by Additional Solicitor General Aishwarya Bhati, has strongly opposed any such move, warning that it would dilute child protection laws, increase risks of abuse, and undermine India’s obligations under the UNCRC.
The Centre argued that the age of 18 is a deliberate and coherent statutory policy reflected across laws like POCSO, BNS, Juvenile Justice Act, and the Prohibition of Child Marriage Act. While acknowledging that consensual teenage relationships exist, the government emphasized that courts can exercise case-by-case discretion, but legislative dilution would weaken safeguards and expose minors to exploitation.
The matter, heard by Justices Vikram Nath and Sandeep Mehta, is listed for August 20 at 2 PM.
Case Title:
Nipun Saxena Vs. Union of India
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