Treat Consensual Teen Relationships Separately from Abuse, Amicus Curiae Tells SC

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Speedy Summary

  • Supreme Court-appointed amicus curiae and senior advocate Indira Jaising has recommended that consensual sexual acts between teenagers aged 16 to 18 should not be criminalized under the Protection of Children from Sexual Offences (POCSO) Act, 2012.
  • Ms. Jaising filed written submissions in a petition originally dating back to 2012,challenging the classification of consensual sexual activity among adolescents within this age group as “abuse.”
  • She advocated for reading a “close-in-age exception” into POCSO provisions to exempt consensual acts between individuals aged 16 and 18 while preserving protections against exploitative relationships.
  • The amicus brief questioned the increase in the age of consent from 16 to 18 under the Criminal Law (amendment) Act, arguing that this decision lacked rational justification or supporting data.
  • Scientific findings suggest adolescents attain puberty earlier than in previous years, making criminalization of consensual sexual activity arbitrary, unconstitutional, and detrimental to children’s rights and well-being.

Indian Opinion Analysis

Indira Jaising’s submissions raise crucial questions about balancing legal protections for minors with their autonomy. By suggesting a “close-in-age exception,” her approach seeks nuance in addressing adolescent relationships without categorizing them automatically as exploitative. The argument challenges a blanket application of laws meant to prevent abuse but contends these measures may unintentionally stigmatize normal developmental behaviors among teenagers.

The debate points toward significant implications for India’s legal system-especially concerning its definition of childhood, consent capacity at different ages, and whether current statutes align with evolving social norms and scientific insights about adolescence. If adopted by law or recognized judicially, these changes could reshape how cases involving young individuals are handled while encouraging discussions around sex education versus punitive measures.Read more: Link.

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