A bench comprising Justice Vikram Nath, Justice Sandeep Mehta, and Justice N.V. Anjaria will take up the matter, which the Court earlier described as “extremely sensitive.” The bench has indicated its intent to hear the case continuously to ensure a comprehensive resolution of all related legal and social issues.
Senior Advocate Indira Jaising, appearing for the petitioner, argued that consensual relationships between adolescents aged 16 to 18 should not be criminalised under the Protection of Children from Sexual Offences (POCSO) Act, 2012, or Section 375 of the Indian Penal Code. “Treating such consensual relations as offences undermines the realities of adolescent behavior and development,” she submitted in written arguments filed on September 24.
However, the Centre has strongly opposed the plea. In its written reply, Additional Solicitor General Aishwarya Bhati maintained that the current age threshold of 18 is vital to safeguard minors from sexual exploitation, abuse, and trafficking. “Lowering the age of consent or adding a ‘close-in-age’ exception could dilute the core of child protection laws,” the government stated.
Advocate Jai Singh, representing one of the intervenors, cited multiple cases where teenagers in consensual relationships faced criminal proceedings, adversely affecting their education and future prospects. He urged the Court to evolve a balanced interpretation that distinguishes consensual adolescent relationships from exploitative acts.
The case, which also references the Nipun Saxena vs Union of India judgment, is expected to set a precedent on how India’s legal system reconciles adolescent autonomy with the need to protect minors from abuse.
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