The Union government has stated that any dilution of the age of consent under the Protection of Children from Sexual Offences (POCSO) Act, 2012, or introduction of exceptions for sexual activity involving minors could undermine child safety and increase risks of exploitation.
Responding to a query in the Lok Sabha, Women and Child Development Minister Annpurna Devi said the Act defines a child as any individual below 18 years of age and treats any sexual act involving a minor as an offence, irrespective of claimed consent. She clarified that the law does not explicitly define consent but operates on the statutory principle that persons below 18 are not legally capable of providing valid consent in such matters.
The minister said the government considers maintaining the consent age at 18 a deliberate policy decision. She noted that introducing exceptions or lowering the threshold could weaken legal protections, particularly for adolescent girls, and compromise India’s commitment to safeguarding children.
The statement came in response to questions from Members of Parliament K. Subbarayan and Selvaraj V regarding concerns raised by a Supreme Court bench about alleged misuse of the POCSO Act. The court had suggested the Centre consider a so-called “Romeo-Juliet” clause to exempt consensual adolescent relationships from the Act’s most stringent provisions.
Annpurna Devi said the government has retained 18 years as the age of majority across several statutes to ensure consistency in the legal framework. She cited multiple laws where this threshold applies, including the Bharatiya Nyaya Sanhita, 2023; the POCSO Act, 2012; the Prohibition of Child Marriage Act, 2006; the Juvenile Justice (Care and Protection of Children) Act, 2015; the Hindu Adoptions and Maintenance Act, 1956; and the Hindu Minority and Guardianship Act, 1956.
According to the minister, these laws reflect a settled legislative position that individuals below 18 years may lack the legal and psychological capacity to provide informed consent or fully understand the long-term implications of such decisions. Maintaining a uniform age threshold is intended to prevent coercion, manipulation and exploitation of minors.
She added that uniformity in consent laws helps reinforce legal clarity and safeguards vulnerable groups. The policy framework, she said, recognises that minors may not possess the maturity required for decisions involving sexual activity, necessitating statutory protection.
The government also noted that the definition of a child under the POCSO Act aligns with India’s commitments under international agreements, particularly the United Nations Convention on the Rights of the Child. Article 1 of the convention recognises individuals below 18 years as children, reinforcing the basis for India’s legal position.
The Centre’s response signals continued adherence to existing legal safeguards under the POCSO framework while rejecting proposals to dilute age-of-consent provisions or introduce specific exemptions related to adolescent relationships.
