Age of Consent: Intervention Plea before SC Cites Dangers, Paternity Issues, and Pedophilia Risks
The Network for Access to Justice and Multidisciplinary Outreach Foundation, a registered non-profit organization, has filed an intervention application before the Supreme Court to oppose the legal challenge aimed at lowering the age of consent for sexual activity from 18 to 16 years in India. The organization, represented by its Director, Ms. Nidhi Sharma, argues that such a change would create a dangerous legal vacuum and expose a large segment of India's youth to heightened risks of sexual abuse, coercion, and exploitation.
The application, filed through Advocate Abhaid Parikh, states that lowering the age would conflict with existing laws, including Section 63 of the Bhartiya Nyaya Sanhita, 2023, and the Protection of Children from Sexual Offences (POCSO) Act, 2012.
The POCSO Act and Section 375 IPC both criminalize sexual activity with anyone under 18, regardless of consent, and the intervention argues that any attempt to create an exception would undermine the legislature’s clear, uniform child protection framework.
"Consent" means an agreement, approval or permission as to an act or purpose given voluntarily, by a person competent to give such consent. It is needless to mention that a legislation, cannot be stuck down as being unconstitutional or violative of right to autonomy, neither the same can be read down/read into, on the mere asking of it, as the same comes with an intrinsic & inseparable presumption of Constitutionality, the application states.
The application stresses that the legislature, when enacting the POCSO Act, was conscious of the possibility of threat, coercion, pressure, influence and/or inducement that may be inflicted on victim children, by the perpetrators of such barbaric and inhumane acts of sexual violence with minors.
It says that a blanket lowering of age or creation of an exception for consenting grown-up adolescents, shall not achieve the object, rather defeat the same.
The application contends that lowering the age of consent from 18 to 16 would expose a large portion of the child population to an escalated risk of sexual abuse. It notes that adolescents in the age group of 16 to 18 are often incapable of giving fully informed consent, and any legal provision allowing “consensual” sexual activity could be misused to exonerate offenders.
The application references the Law Commission of India's Report No. 283 (September 2023), which explicitly rejected the idea of a blanket reduction in the age of consent and a limited exception for consensual activity under POCSO. The commission's decision was based on the high risk of misuse by groomers and traffickers and the detrimental impact it would have on efforts to combat child marriage.
It also highlights an office memorandum from the Director General of Police, Tamil Nadu, which directed police not to make swift arrests in "mutual romantic cases," which were termed "Romeo-Juliet cases." The application argues that this administrative order is illegal as it conflicts with the clear provisions of the POCSO Act and could lead to misuse, confusion among investigating agencies, and a decrease in the reporting of cases involving 16-18-year-olds.
It is further argued that there is no clear rationale or basis provided for why the age should be lowered to 16, especially since puberty does not have a fixed age. Creating an exception for consensual sexual activity for 16-18-year-olds would lack a way to distinguish between genuine consent and coerced consent.
Moreover, the application highlights several legal complications that would arise if the age of consent is lowered.
Most significantly, it highlights the paternity issue. It argues, if a minor girl becomes a mother, the child would face legal issues regarding parentage and fatherhood because the Prevention of Child Marriage Act would prevent the parents from marrying. This would also prevent them from using legal provisions like Section 116 of the Bhartiya Sakshya Adhiniyam, 2023, which provides for the presumption of parentage.
Apart from that, the application points to research indicating that children born to mothers under 20 face lasting developmental disadvantages.
Another important point that it raises is that lowering the age of consent could open the door for older individuals to claim a "consensual" relationship with a minor, thereby encouraging pedophilia.
The application also cites some international experiences. It warns that countries like Romania (age of consent 16) and Bulgaria (age of consent 14), have reported higher rates of teenage births and abortions. It argues that a similar outcome is likely in India due to socio-economic vulnerabilities, and inadequate access to adolescent health and sexuality education.
The application states that the concept of "close-in-age" or "Romeo-Juliet" relationships is unsuitable for the Indian context. It argues that this concept is prone to misuse by offenders seeking to avoid criminal liability, especially when there is coercion, grooming, or a power imbalance that is difficult to prove.
The application also connects the issue of consent to other legal and social frameworks in India.
The application highlights that the Digital Personal Data Protection Act, 2023 (DPDP Act) defines a child as anyone under 18 years of age. It notes that the Act’s Section 9 provides strong safeguards against tracking and behavioral monitoring of children. The application argues that any move to dilute the age of consent from 18 to 16 must also consider the protective framework of the DPDP Act.
The NGO emphasizes a study titled "Intrusion on Civilization: Lowering the Age of Consent - Analysing its Impact" done by it which was published on August 10, 2025. This report recommends retaining the age of consent at 18 while strengthening the capacity of law enforcement and the judiciary to handle cases involving genuine consensual adolescents with discretion. This approach aims to protect children without diluting the law's protective shield.
The application provides a breakdown of crimes against children by age, indicating that rape and penetrative sexual assault are most prevalent among adolescents aged 15-17.
To strengthen its case, the NGO also cites a historical example from the book, "Main Tumhari Koshi: Ek Ayyash Angrez Ka Random Sample", authored by Praveen Dubey. This book, based on the life of British anthropologist Verrier Elwin, claims that Elwin married a 13-14 year old tribal girl, Koshi, when he was around 37-40 years old. This example is used to illustrate how power imbalances and age disparities can be exploited.
Therefore, rather than lowering the age of consent, the application proposes strengthening existing legal safeguards, particularly the Juvenile Justice (Care and Protection of Children) Act, 2015 (the JJ Act).
The application states that Section 15 of the JJ Act, which allows the Juvenile Justice Board (JJB) to conduct a preliminary assessment of a child (16-18 years old) accused of a heinous offense, is a key safeguard. This assessment, which is protective rather than punitive, helps determine if the child needs to be tried as an adult.
Therefore, to enhance the effectiveness of Section 15, the application recommends amending the guidelines to mandate that Preliminary Inquiry Reports (PIRs) include copies of the Child Welfare Committee (CWC) orders and Social Investigation Reports (SIRs). This would provide the Board with a more complete psychosocial background of the child, enabling a more informed and holistic decision.
The application suggests that urgent and targeted training for Juvenile Justice Board Principal Magistrates and members is necessary to help them properly utilize Section 15 and maintain a balance between a child-centric approach and the administration of justice.
Therefore, seeking intervention in the matter, the NGO urges the court to retain the age of consent at 18 while focusing on strengthening judicial and law enforcement capacities to handle adolescent cases sensitively.
In the matter, the Centre has firmly opposed any move to lower the threshold, asserting that the current legal framework is essential for the protection of minors.
Also, recently a new report titled "Intrusion on Civilization: Lowering the Age of Consent - Analysing Its Impact" by a coalition of non-profits, including the Network for Access to Justice, Multidisciplinary Outreach Foundation, Sewa Nyaya Utthan Foundation, and Shanti Suraksha Aur Sadbhav Trust, warned against lowering India’s age of consent, emphasizing risks to child protection under the POCSO Act.
Case Title: Nipun Saxena Vs. Union of India