Union Govt Refuses to Lower Age of Consent for Sexual Relations to 16

Affidavit submitted in the Supreme Court

New Delhi: The Union Government has opposed the proposal to reduce the minimum age of consent for sexual relations to 16. In an affidavit submitted to the Supreme Court, the government stated that “the minimum age of consent for sexual relations cannot be lowered below 18 years.” This affidavit was submitted in response to a petition filed regarding this demand.

🧒⚖️ Centre to Supreme Court:
📢 Age of consent must remain 18!

🚫 No exceptions under POCSO; even in the name of “reform” or “adolescent freedom”.

Lowering it could weaken protections and risk child abuse.#ChildSafety pic.twitter.com/oIE5DylN8u

— Sanatan Prabhat (@SanatanPrabhat) July 25, 2025

Key Points Presented by the Union Government in the Affidavit:

1.    The current laws, especially the Protection of Children from Sexual Offences (POCSO) Act and the Indian Penal Code, are designed to protect the interests of minors. Maintaining the age limit is necessary to safeguard children under 18 from sexual exploitation.

2.    The current age-related provision is intended to protect minors from sexual exploitation, particularly from offenses committed by persons known to them. At the same time, in cases involving romantic relationships and consensual physical relations among young people, judicial discretion can be applied.

3.    Under Indian law, setting the age of consent at 18 years is a deliberate legal decision aimed at establishing a framework of protection for children. Considering the protections granted to minors under the Indian Constitution, the age limit has been thoughtfully determined. Lowering this threshold would undermine decades of progress made under child protection laws.

4.    Individuals below the age of 18 are not considered capable of giving valid and informed consent for sexual activity. If any relaxation is granted in this age limit, it could create a loophole for those who misuse the law, taking advantage of the emotional dependency or silence of victims.

Changes in the Age of Consent Over the Last 160 Years

The government, referring to historical changes in the age of consent, stated:

·         Under the Indian Penal Code of 1860, the age of consent for sexual relations was 10 years.

·         In 1891, it was raised to 12 years under the Age of Consent Act.

·         In 1925 and 1929, it was increased to 14 years.

·         In 1940, it became 16 years.

·         Finally, in 1978, it was raised to 18 years, which remains the current legal standard.