Sixteen And Illusion Of Maturity: A Collision Of Consent, Health, And Vulnerability

The Supreme Court's ongoing deliberation on whether to reduce the age of consent under the POCSO Act from 18 to 16 has stirred intense debate across the country. The 'age of consent' — the age at which the law recognises an individual's ability to consent to sexual activity — has evolved over time in India, moving from 10 to 12, then 16, and finally 18 years, reflecting the nation's efforts to curb child marriage and sexual exploitation.

But today, the issue is far more complex. With rising cases of consensual relationships among adolescents aged 16 to 18, many argue that the law, meant to protect children, often ends up punishing them — especially teenage boys charged under POCSO for consensual acts with partners of similar age. Yet, lowering the age of consent is not without grave risks. It could lead to increased cases of teenage pregnancy, exploitation by older men under the guise of “consent,” and a possible spike in child marriages in rural and vulnerable communities.

According to the United Nation Convention on the Rights of the Child, a child means every human being below the age of eighteen years unless under the law applicable to the child, majority is attained earlier.

The debate, therefore, is not merely legal — it's moral, social, and deeply human. Can the law strike a balance between protecting minors and recognising the reality of adolescent relationships?

Genesis of Reform: Redefining Consent and Shaping Broader Meaning of Consent

The Supreme Court's concern over the growing incidents of child sexual abuse first found strong expression in Sakshi v. Union of India , where the Court underscored the urgent need or a dedicated law to protect children from sexual offences. Acting on the Court's direction, the Law Commission, in its 172nd Report, examined the inadequacies of existing rape laws and recommended widening the scope of Section 375 IPC by substituting the term “rape” with “sexual assault” and making the offence gender neutral.

These developments laid the foundation for a more comprehensive legal framework, culminating in the enactment of the Protection of Children from Sexual Offences (POCSO) Act, 2012 — which, for the first time, defined a “child” as anyone below 18 years of age and fixed the age of consent accordingly. The Criminal Law (Amendment) Act, 2013, further reinforced this standard by amending Section 375 IPC, ensuring that sexual activity with anyone below 18 constituted rapes, aligning the IPC with POCSO's protective framework.

In Independent Thought v. Union of India where the Supreme Court categorically held that sexual intercourse by a husband with his wife between 15 and 18 years of age constitutes rape, and accordingly struck down Exception 2 to Section 375 IPC as unconstitutional, noting that the exception drew an unnecessary and artificial distinction between a married and an unmarried girl child and thereby defeated the purpose of child-protection legislation.

Reference to the Law Commission:

Recognising the rise in romantic relationships among 16–18-year-olds, several High Courts have urged a rethink of the age of consent under the POCSO Act. The Karnataka High Court dealt with a case where a 17-year-old girl had eloped, married, and had children with the accused. While upholding his acquittal, the Court requested the Law Commission to review the existing age criteria. Similarly, in Veekesh Kalawat v. State of Madhya, the Madhya Pradesh High Court suggested allowing discretion to judge in consensual adolescent relationships and referred the issue to the Law Commission for consideration.

Interplay of POCSO and Prohibition of Child Marriage Act:

The Protection of Children from Sexual Offences (POCSO) Act must be read alongside other child-centric legislations, particularly the Prohibition of Child Marriage Act, 2006 hereinafter referred to as (PCMA). The PCMA was enacted to curb the age-old social practice of child marriage that continues to plague parts of Indian society even today, where many parents still seek to marry off their daughters at a young age.

According to the National Health Survey of India 5 (2019–21) 23.3% of women aged 20–24 was married before turning 18, a notable decline from 47% in 2006. While this indicates progress, several states — including Andhra Pradesh, Assam, Bihar, Jharkhand, Rajasthan, Telangana, Tripura, and West Bengal — continue to record child marriage rates above the national average. The persistence of this practice reflects deep-rooted socio-economic and cultural challenges.

Child marriage often arises out of poverty, social pressure, or debt, where families perceive early marriage as a financial solution. In other cases, it stems from romantic relationships between adolescents, where young girls, driven by emotion rather than maturity, enter marriages that expose them to early pregnancy, domestic violence, and severe health complications.

A child, by definition, lacks the full capacity to make informed legal and personal decisions. Marriage, however, is a legally binding institution that demands emotional and physical maturity. Consent to sexual activity goes beyond verbal affirmation — it requires an understanding of one's body, hormones, and the long-term consequences of intimacy. Early pregnancies, childbirth complications, stillbirths, and even abortions carry physical and emotional risks that a child is ill-equipped to comprehend or handle.

In the matter of X vs Union of India and anr, The Supreme Court observed that the absence of adequate family planning measures can lead to unwanted and avoidable pregnancies. The Court emphasised the need for the Central and State Governments to promote awareness about family planning, maternal health, and child welfare schemes among citizens, especially married couples. In the same case, the petitioner admitted to being ignorant of family planning procedures and her pregnancy came as an utter shock to the petitioner for the reason that she did not realise that she had an on-going pregnancy since she had adopted LAM which implies absence of menstruation due to continuing breastfeeding as a contraceptive method after delivery of the second child. The Supreme Court observed that an unplanned pregnancy not only leads to the birth of an unwanted child, but it is also accompanied by myriad anxieties and complications that travel beyond the health of the mother, on a psychological and mental plane. It is, therefore, expected of married couples to be careful in planning their families and take adequate timely precautions so that they do not end up knocking at the doors of the Court at the eleventh hour, praying for termination of pregnancies that have crossed the critical period as in the instant case, 26 weeks. The Court further noted that while bringing a child into the world is one responsibility, rearing that child with adequate nutrition, health, education, and a nurturing environment is another. Hence, the obligation to plan one's family and take timely precautions rests equally on both spouses, particularly when the mother's mental health is delicate.

As per Rural Health Statistics Report 2021-2022 issued by Government of India, Ministry of Health & Family Welfare, there are significant gaps in the infrastructure providing specialised care at Community Health Centers (CHCs). The report reveals that CHCs lack 83.2% of the required surgeons, 74.2% of the required obstetricians and gynaecologists, 79.1% of physicians, and 81.6% of the required paediatricians. Overall, there is a shortfall of 79.5% specialists at CHCs compared to the existing requirements.

In a country where sex education remains inadequate and medical infrastructure in rural areas lags far behind urban centres, young girls often grow up with little awareness about their bodies or reproductive health. This lack of knowledge can have devastating consequences. Many girls below 18, driven by fear of social stigma or family pressure, resort to unsafe abortions when faced with unintended pregnancies. Such unsafe medical practices not only endanger their physical health but also leave lasting emotional and psychological scars. The absence of education and accessible healthcare, therefore, compounds the risks that early sexual activity and child marriage already pose.

Adolescent Boys and the Juvenile Justice Act in POCSO Cases

A particularly concerning aspect of the Protection of Children from Sexual Offences (POCSO) Act is its application to adolescent boys involved in consensual romantic relationships with girls below eighteen years of age. Legally, such relationships, even when consensual, are treated as offences under POCSO, resulting in the boy being categorized as a “child in conflict with law” under the Juvenile Justice (Care and Protection of Children) Act, 2015. The Act defines this term as “a child who is alleged or found to have committed an offence and who has not completed eighteen years of age on the date of commission of such offence.”

This rigid legal framework often fails to distinguish between exploitative acts and consensual adolescent behaviour, thereby raising concerns about the need for a more nuanced and reformative approach. If a child is considered a national asset, it becomes the duty of the State to look after the child and ensure the full development of their personality. Every child is, therefore, the responsibility of the State.

Although Section 74(2) of the Juvenile Justice (Care and Protection of Children) Act, 2015 prohibits the police from disclosing any record of the child for the purpose of character certification or otherwise, and mandates confidentiality of identity, in practice, such protection is often difficult to ensure—especially in smaller localities. When an incident occurs in a close-knit community involving two minors, news often spreads rapidly. Each time the child in conflict with law appears before the Juvenile Justice Board, they face immense social stigma, psychological stress, and the risk of identity disclosure.

In many cases, when both the boy and girl are below eighteen years and elope due to lack of parental support and most importantly biological changes which are often understood as love, the girl's parents file an FIR against the boy. Owing to the girl's age, she is deemed a “victim,” and POCSO provisions are automatically invoked. While in several cases, the girl later admits during evidence or in her statement before the Magistrate that the relationship was consensual, such admissions come late in the process—and not every case sees such resolution. This often leads to undue criminalization of adolescent behaviour rather than its reformative handling. In cases arising out of consensual romantic relationships, however, the procedure may be streamlined — for instance, the matter could be appropriately concluded at the stage of the recording of statement before the magistrate, rather than proceeding into a prolonged enquiry, which often causes unnecessary trauma to both children involve

Guarding against exploitation

However, it is equally important to recognize that not all cases involving adolescents fall within the realm of consensual relationships. There are indeed instances where juveniles in conflict with law have engaged in sexual offences against minors who are below 15 years, constituting genuine acts of abuse. Reformation and rehabilitation is the only way it can be dealt with.

The Vulnerability of Minor Girls in Exploitative Relationship:

While there are cases of consensual adolescent relationships, another pressing concern arises when minor girls enter relationships with significantly older men under the illusion of love and security. Such situations often lead to early marriages and pregnancies, exposing these young girls to health risks, emotional trauma, and social stigma. In many cases, the element of consent is blurred — what appears as voluntary affection is often influenced by manipulation or imbalance of power.

Lowering the age of consent, therefore, could inadvertently legitimise the exploitation of minors by adults who may misuse this legal relaxation to justify predatory conduct under the guise of “consensual” relationships. The law must thus tread cautiously — balancing the need to decriminalise innocent adolescent behaviour without opening doors for the exploitation of vulnerable minor

In the case of In Re: Right to Privacy of Adolescents the victim girl was fourteen years old at the time of the incident. The victim's mother lodged a First Information Report (FIR) on 29th May 2018, stating that her minor daughter had left home at 5:30 p.m. on 20th May 2018 without informing anyone. Upon inquiry, it was revealed that the accused had enticed the minor to leave her house, aided by his two sisters. Despite repeated visits and requests from the victim's mother, the girl did not return. Subsequently, the victim gave birth to a female child, and it was established that the accused was the biological father.

There was a considerable delay in the investigation — the accused was arrested only on 19th December 2021, and the chargesheet was filed on 27th January 2022. Ultimately, the Supreme Court set aside the impugned judgment of the High Court and restored the decision of the Special Court to the extent of convicting the accused for offences punishable under sub-sections (2)(n) and (3) of Section 376 of the Indian Penal Code and Section 6 of the POCSO Act, while upholding his acquittal under Sections 363 and 366 IPC.

In any event, it is doubtful whether a fourteen-year-old could have made an informed or voluntary choice in matters involving sexual activity or cohabitation. Even at sixteen, a girl typically lacks the emotional, physiological, and financial maturity necessary to comprehend the implications of reproduction, marriage, and child-rearing. The notion of “consent” in such circumstances, therefore, becomes not a sign of autonomy but a reflection of coercion, dependency, and lack of awareness — underscoring the need for legal safeguards rather than relaxation.

An analysis revealed that 80.2% of the complainants in “romantic” cases were parents and relatives of adolescent girls who registered a case after she eloped or her pregnancy was discovered (CCL-Nlsiu, Study on the Working of Special Courts under the Pocso Act, 2012 in Maharashtra, (2017). Pointing to the possibility of further misuse of the Pocso Act, it showed that in 21.8% of romantic cases, the girls disputed the claim by their families that they were minors. In Probhat Purkait @ Provat Vs. The State of West Bengal the Bench observed that “may be for the reason of climatic change, sexuality develop in them very early may be owing to peer pressure, influence by social media, free availability of porn materials and free mixing with friends of opposite sex in a taboo free atmosphere. Instead of protecting adolescents from abuse, the law exposes those in factually consensual and non-exploitative relationship to the risk of a criminal prosecution and compromises the child protection mandate”.

Kidnapping and divergent views

Three Judge Bench decision of the Hon'ble Supreme Court in Anversinh @ Kiransinh Fatesinh Zala v. State of Gujarat , wherein it has been where a minor girl is taken or enticed from the keeping of her lawful guardian without consent, her own consent is no defence to a charge under Section 361 IPC; minors are deemed incapable of giving lawful consent, and Section 361 safeguards the guardian's right to protect the minor's physical safety. An infatuation or consensual relationship does not, by itself, negate the offence of kidnapping a minor

There remain divergent High Court views on the treatment of consensual sexual activity involving minors, reflecting the tension between statutory text and evolving social realities. While child marriage has declined over time, it persists at troubling levels in several regions, warranting continued vigilance and calibrated legal responses. Teenage pregnancy compounds these concerns, particularly where sex education is inadequate and medical infrastructure is strained, increasing risks of obstetric complications, maternal mortality, prematurity, and other adverse outcomes.

When child marriages occur, early pregnancy exposes minor mothers to disproportionate health hazards, and infants face elevated risks of prematurity and morbidity. These public‑health and child‑protection dimensions are integral to the legal analysis and must inform any judicial consideration of consent standards and proximate offences in cases involving minors

In the delicate balance between protection and autonomy, the law must continue to act as both a shield and a guide. The age of consent cannot be viewed in isolation — it is closely linked to public health, education, and the social realities that shape young lives. Lowering this threshold may seem to decriminalise adolescent intimacy, but in practice, it risks exposing vulnerable minors to deeper harm through exploitation, unsafe pregnancies, and early marriages. The more prudent course lies not in reducing the age of consent but in refining judicial and procedural responses — empowering courts to distinguish between exploitative acts and consensual peer conduct, ensuring compassion without weakening protection.

While minor boys involved in consensual adolescent relationships are treated as “children in conflict with law” under the Juvenile Justice (Care and Protection of Children) Act, such cases can be better addressed through early settlement at the stage of recording statements before the Magistrate and holding a brief inquiry to determine voluntariness. However, lowering the age of consent to 16 — particularly where the male partner is a legal adult could legitimise exploitative relationships, encourage early marriages and pregnancies, and expose young girls to high-risk reproductive health conditions and financial dependency. It may also enable offenders to disguise coercion as consent by exerting pressure on victims' families through financial inducements or social manipulation. The law must, therefore, remain cautious — protecting minors from genuine harm while preventing its misuse as a shield for exploitation. Comprehensive sexual education in schools and state-led programmes can play a transformative role in shaping informed and responsible attitudes among adolescents. By helping children understand bodily changes, emotions, and reproductive health such education equips them to make safer and more informed choice.

Author is an Advocate and Former Judicial Officer, Assam Judicial Service. Views Are Personal.