NEW DELHI: The central government has submitted an affidavit to the Supreme Court stating that the age of consent for sexual relations cannot be reduced from 18 years. The affidavit, filed by Additional Solicitor General Aishwarya Bhati, emphasised that lowering the age of consent under the pretext of teenage romance would not be appropriate. The government further stated that the emotional dependence or silence of minors could provide legal protection to offenders.
At the same time, the Centre noted that judicial discretion could be exercised in cases involving romantic or physical relationships between teenagers, based on the facts of each case. However, the legally prescribed age of 18 must be enforced strictly and uniformly. The government warned that any deviation from this standard, even in the name of reform, would undermine the progress made under child protection laws and weaken legislations such as the Protection of Children from Sexual Offences (POCSO) Act, 2012 and the Bharatiya Nyaya Sanhita (BNS).
The affidavit also pointed out that the age limit of 18 years stems from the constitutional protections envisioned for children in India. Relaxing this age, the Centre argued, would open the door to misuse of consent as a defence in cases of sexual exploitation.