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Sexual abuse

Union Government Opposes Lowering Age of Consent in Supreme Court

Strategic Insights

— 2 min read

The Union government has told the Supreme Court that it cannot lower the age of consent for sex from 18 years, as it is intended to protect minors from sexual abuse, often by relatives. The government acknowledged that judicial discretion may be exercised on a case-to-case basis in instances of adolescent romantic and physical relationships. However, it emphasized that the statutory age of consent fixed at 18 years must be strictly and uniformly enforced, and any departure from this standard would undermine the deterrent character of laws like the Protection of Children from Sexual Offences (Pocso) Act, 2012.

Key Takeaways:

  • The Union government has opposed lowering the age of consent for sex from 18 years, citing the need to protect minors from sexual abuse.
  • The government has acknowledged that judicial discretion may be exercised on a case-to-case basis in instances of adolescent romantic and physical relationships.
  • The statutory age of consent fixed at 18 years must be strictly and uniformly enforced, and any departure from this standard would undermine the deterrent character of laws like the Pocso Act, 2012.
  • The government has emphasized the importance of protecting children from child marriage, citing the Sharda Act (Child Marriage Restraint Act) of 1929.
  • The National Crime Records Bureau (NCRB) and NGOs like Save the Children and HAQ Centre for Child Rights have indicated that over 50% of sexual offences against children were perpetrated by persons known to the child or those who were trusted by the minors.
  • Lowering the age of consent from 18 years would be legally unsound and provide a defence to the abusers who exploit the minors' emotional dependence or silence.

Statistics:

  • Over 50% of sexual offences against children were perpetrated by persons known to the child or those who were trusted by the minors. (NCRB and NGOs like Save the Children and HAQ Centre for Child Rights)
  • The age of consent under Indian law has increased from 10 years in the Indian Penal Code, 1860; to 12 years under the Age of Consent Act, 1891; 14 years in an amendment to IPC in 1925 and Sharda Act (Child Marriage Restraint Act) of 1929; to 16 years in a 1940 amendment to IPC; and 18 years in 1978 through amendment to the Child Marriage Restraint Act.

Sources:

  • Times of India (additional details not provided)
  • Indian Penal Code, 1860
  • Age of Consent Act, 1891
  • Protection of Children from Sexual Offences (Pocso) Act, 2012
  • Sharda Act (Child Marriage Restraint Act) of 1929
  • National Crime Records Bureau (NCRB)
  • Save the Children
  • HAQ Centre for Child Rights

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