Romeo-Juliet Clause, Lowering Age of Consent Will Undermine Safety: Govt

The central government has gone against a Supreme Court suggestion and held that any form of dilution of the age of consent or introducing any exceptions from the harshest punishments under the Protection of Children against Sexual Offences (POCSO) Act would amount to undermining the safety of children and increasing the risk of exploitation, weakening India’s commitment to child protection, especially adolescent girls.

A Supreme Court bench had in January asked the government to contemplate the introduction of a Romeo-Juliet Clause to shield “genuine adolescent relationships” from attracting severe provisions under the POCSO Act.

However, Union minister for women and child development, Annpurna Devi on Friday, in a written response to a question in the Lok Sabha, stated that “uniformity across laws in prescribing the age of consent as 18 years is intended to prevent manipulation, coercion, and exploitation of minors, recognising that children lack the legal and psychological capacity to give meaningful and informed consent in matters involving sexual activity.”

The question was raised by Lok Sabha MPs Subbarayan K and Selvaraj V from the Communist Party of India (CPI), who asked whether the government was attentive to the concern raised by the two-judge Supreme Court bench about the repeated misuse of the POCSO Act.

Responding to it, Devi said, “The legislative decision to retain the age of consent at 18 years is a conscious and considered policy determination.”

Age Of Majority Uniformly Fixed

She pointed out that the age of majority has been uniformly fixed at 18 years across several laws like the Bharatiya Nyaya Sanhita, 2023; POCSO Act, 2012; Prohibition of Child Marriage Act, 2006; Hindu Adoptions and Maintenance Act, 1956; Juvenile Justice (Care and Protection of Children) Act, 2015; and Hindu Minority and Guardianship Act, 1956, to maintain consistency and coherence within the legal framework.

“The legislative intent underlying these enactments reflects the settled position that individuals below the age of 18 years are not deemed capable of providing informed consent or making decisions, the long-term implications of which they may not fully comprehend,” said the minister.

Notably, the POCSO Act does not define the term ‘consent’, and irrespective of whether consent is purportedly given, any sexual act involving a person below 18 years of age is considered an offence under the statutory framework.