NEW DELHI: Even as a Supreme Court bench in January asked the Center to consider introducing a “Romeo and Juliet” clause to exempt “genuine adolescent relationships” from the toughest provisions of Poksovo, the government on Friday said in reply to a question in the Lok Sabha that “any move to lower the age of consent or introduce exceptions will compromise child safety, increase the risk of exploitation and weaken India’s commitment to protecting children, especially adolescent girls”. Women and Child Development Minister Annpurna Devi said in a written reply, “The age of consent uniformly fixed at 18 years across laws is aimed at preventing manipulation, coercion and exploitation of minors, recognizing that children lack the legal and mental capacity to give meaningful and informed consent in matters involving sexual activity.” The WCD minister was responding to a question on misuse of the Protection of Children from Sexual Offenses Act by Lok Sabha MPs Subbarayan K and Selvaraj V from the CPI, who asked “whether the government has taken note of the concerns expressed by two Supreme Court judges over the repeated misuse of the Pokoso Act and asked the government to consider introducing a ‘Romeo and Juliet’ provision to exclude “genuine juvenile relationships” from Pokoso’s toughest provision”. In response, the minister said: “The legislative decision to retain the age of consent at 18 is a conscious and well-thought-out policy decision.” Devi highlighted that to maintain consistency and coherence within the legal framework, various statutes have fixed the age of majority at 18 years, including the Bharatiya Nyaya Sanhita, 2023; the Poso Act, 2012; the Prohibition of Child Marriage Act, 2006; the Hindu Adoption and Maintenance Act, 1956; the Juvenile Justice (Care and Protection of Children) Act, 2015; and the Hindu Minorities and Guardianship Act, 1956. “ “The legislative intent behind these regulations reflects the established position that individuals under the age of 18 are not considered to be capable of providing informed consent or making decisions and that they may not fully understand the long-term implications,” the Minister said. Pocso does not clearly define the term “consent” and under the legal framework any sexual activity involving a person under the age of 18 is considered a crime, regardless of whether consent is alleged to have been obtained.
