New Delhi, July 25: The Union government has firmly told the Supreme Court that the age of consent for sex should remain at 18 years, arguing that it is essential for safeguarding minors from sexual exploitation, often by people in positions of trust. In a detailed affidavit, the Centre said that any lowering of the age threshold would erode hard-won legal protections under the Protection of Children from Sexual Offences (POCSO) Act and Indian Penal Code (IPC).

Filed by Additional Solicitor General Aishwarya Bhati, the submission stated, “The statutory age of consent fixed at 18 must be strictly and uniformly enforced… any departure would roll back decades of progress in child protection.” However, the government acknowledged that courts could exercise judicial discretion in individual cases involving consensual adolescent relationships, particularly when both parties are near the age of 18. Sex With Minor Case: Supreme Court Spares Convict Jail Term After Noting That Victim is Now Married To Him.

The Centre warned that weakening age-based protections might allow abusers to escape accountability by cloaking coercion as consent. It pointed out that over 50% of child sexual offences are committed by persons known to the child—such as relatives, teachers, or neighbours—who can manipulate trust and emotional dependence. ‘Sex Between 2 Adults With Consent Doesn’t Constitute Rape’: Madhya Pradesh High Court Acquits Man Accused of Raping ‘Minor’ Girl After She Admitted Having Consensual Physical Relationship.

This stance was in response to written submissions by senior advocate and amicus curiae Indira Jaising in the Nipun Saxena v. Union of India case. Jaising urged the Court to read down the age of consent from 18 to 16, arguing that current laws criminalize consensual relationships among adolescents aged 16–18. She noted that such blanket criminalisation violates teens’ rights to autonomy and dignity, especially since the age of consent remained at 16 for over 70 years until the 2013 amendment raised it without proper public debate.

Jaising also cited rising prosecutions under POCSO involving 16–18-year-olds and noted that teenagers today reach puberty earlier and engage in romantic relationships more frequently, as reflected in social and health surveys.

The government, however, asserted that the current age limit reflects a constitutional and legislative consensus aimed at protecting minors’ bodily integrity and preventing exploitation, even when abuse is disguised as “consensual” relationships.

(The above story first appeared on LatestLY on Jul 25, 2025 11:40 AM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).