New Delhi, February 6: The central government confirmed in the Lok Sabha on Friday that under the POCSO Act of 2012, any person under the age of 18 is considered a child. The government stated that lowering the age of consent or providing any exemptions in cases related to sexual activities could jeopardize children’s safety.
Union Minister for Women and Child Development, Annapurna Devi, responded to questions regarding the definition of “consent” in the POCSO Act, noting that the law does not explicitly define the term. According to the law, any sexual act involving a person under 18 is deemed a crime, regardless of claims of consent.
Devi emphasized that reducing the age of consent or introducing exemptions would weaken child protection, increase the risk of exploitation, and undermine India’s commitment to safeguarding adolescent girls.
Her remarks came in response to inquiries from K. Subbarayan and Selvaraj V., who asked if the government was aware of concerns raised by a two-judge bench of the Supreme Court regarding the misuse of the POCSO law. They also inquired whether the government would consider introducing a “Romeo-Juliet clause” to exempt genuine teenage relationships from the stringent provisions of the POCSO Act.
Annapurna Devi reiterated that maintaining the age of consent at 18 is a well-considered decision by the government. She explained that this age is uniformly set across various laws to ensure consistency.
This age limit is also applicable in other legislation, including the Indian Penal Code 2023, the POCSO Act 2012, the Prohibition of Child Marriage Act 2006, the Hindu Adoption and Maintenance Act 1956, the Juvenile Justice (Care and Protection) Act 2015, and the Hindu Minority and Guardianship Act 1956.
The minister stated that the rationale behind these laws is the belief that individuals under 18 are not capable of making decisions with long-term consequences, as they may not fully comprehend them. She further noted that maintaining the age of consent at 18 is crucial to prevent deception, coercion, and exploitation of minors, as children lack the legal and mental capacity to provide valid consent in sexual matters.
Annapurna Devi also mentioned that the definition of a child in the POCSO Act and other child-centric laws aligns with the United Nations Convention on the Rights of the Child.