Lowering age of consent may harm vulnerable minor girls

Source: The post Lowering age of consent may harm vulnerable minor girls has been created, based on the article “The faultlines of consent” published in “Indian Express” on 9th August 2025

UPSC Syllabus Topic: GS Paper 2- Vulnerable sections of population

Context: The Supreme Court is hearing the Nipun Saxena and Anr vs Union of India PIL to decide whether the age of consent under the POCSO Act, 2012 should be lowered from 18. The debate raises concerns about vulnerable minors, exploitation, and the realities of adolescent relationships in India. Child Safety and Age of Consent Laws

For detailed information on Age of consent read this article here

Legal Framework and Current Debate

1. POCSO Act Provisions: Under the POCSO Act, any sexual activity with a person under 18 is a crime. The law treats all such cases as abuse, irrespective of perceived consent.
2. Supreme Court Review: A Bench led by Justices Vikram Nath, Sanjay Karol, and Sandeep Mehta will examine whether the age of consent should be reduced. The review is prompted by recurring disputes in adolescent relationship cases.

Realities Behind “Consensual” Cases

1. Marginalised Victims: Many cases involve girls from disadvantaged backgrounds fleeing abusive homes, discrimination, or forced marriage threats. Victims can be as young as 12, often paired with older men.
2. Cycle of Institutionalisation: After elopement, police register cases, arrest the man, and place the girl in a shelter until 18. She faces a grim choice between staying confined or returning to an abusive family.
3. Judicial Leniency and Bias: Some courts label these situations “Romeo-Juliet love” and acquit or reduce punishment despite significant age gaps, overlooking the coercive conditions behind elopement.

Case Studies and Judicial Responses

1. Calcutta High Court Controversy: In one case, a 14-year-old claimed to marry a 25-year-old and wanted to stay with him. The High Court treated it as “non-exploitative,” ignoring her home conditions.
2. Supreme Court Intervention: The apex court restored the conviction, citing systemic failure to protect her, but avoided a jail term to prevent further harm.

Data and Trends in Abuse and Child Marriage

1. Rising POCSO Cases: NCRB data shows cases rose from 8,541 in 2012 to 53,874 in 2021 due to mandatory reporting. In Mumbai (2021), 54% of victims’ partners were romantically linked or had promised marriage.
2. Child Marriage Drivers: India saw 1.6 million child marriages in 2022 but only 900 registered cases. Poverty, lack of education, and fear of violence, not tradition, now drive early marriages.

Challenges in Defining Consent

1. Complexity of Consent: Consent can be genuine, reluctant, manipulated, or withdrawn. Minors often cannot grasp its legal or emotional implications, and judicial interpretations vary.
2. Defence in Trials: “Consent” is frequently cited in rape cases, making its assessment crucial yet inconsistent.

Policy Considerations and Risks

1. Advocacy for Lowering Age: Some activists suggest reducing the age to 16, excluding coercion and authority-based relationships, to protect girls’ autonomy.
2. Counterarguments: Critics question why not lower it further if autonomy is the basis, and stress that without nuanced safeguards, vulnerable girls may face greater harm.
3. Implementation Gaps: Justice Abhay S. Oka emphasised the need for informed choice, proper care, and protection, warning that blanket legal changes could worsen invisibility and exploitation.

Question for practice:

Evaluate the implications of lowering the age of consent under the POCSO Act on the protection and autonomy of minor girls in India.