The Union government has firmly ruled out introducing a “Romeo-Juliet” exception under the Protection of Children from Sexual Offences (POCSO) Act, telling Parliament that any relaxation of the age of consent would undermine child safety and heighten the risk of exploitation, despite recent Supreme Court observations flagging concerns over the law’s misuse.
The issue resurfaced after Members of Parliament raised questions in the Lok Sabha about the Supreme Court’s January remarks, where a two judge bench had urged the Centre to consider exempting consensual adolescent relationships from POCSO’s strict criminal framework. The MPs pointed to repeated instances where teenage relationships were being criminalised under the Act. Responding to the query, the Ministry of Women and Child Development made it clear that it views the existing framework as a deliberate policy choice, aimed at shielding minors from coercion, manipulation, and abuse rather than accommodating exceptions based on perceived consent.
Setting out the government’s position, Women and Child Development Minister Annapurna Devi stressed that maintaining the age of consent at 18 ensures consistency across India’s legal regime and reflects a settled understanding of children’s limited capacity to give informed consent. Emphasising legislative intent, she stated that “any dilution of the age of consent or introduction of exceptions would undermine child safety, increase the risk of exploitation, and weaken India’s commitment to the protection of children.”
The reply also underscored that under POCSO, sexual activity involving a person below 18 is an offence regardless of consent, aligning with parallel statutes that uniformly recognise 18 as the age of majority.
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