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India’s age of consent criminalises ‘puppy love’, say defenders of teen sex

  • India in 2012 raised the age of consent from 16 to 18 to protect youth from sexual exploitation but activists say it has criminalised young couples
  • Despite the conservative nature of Indian society where premarital sex is frowned upon, statistics tell a different story

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Despite the conservative nature of Indian society where premarital sex is frowned upon, the statistics tell a different story. Photo: AFP

India’s age of consent has been at the centre of growing debate, with critics including local judges saying it unfairly punishes teenage relationships and has even been abused by parents.

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In 2012, India raised the age of consent from 16 to 18 to protect vulnerable adolescents from sexual exploitation, grooming and predators. But youth groups argue that the Protection of Children from Sexual Offences Act (Posco) has made criminals of young couples in genuine relationships and teenagers exploring their sexuality, exposing them to a potential years-long legal nightmare.
High Court judges had expressed “growing concern” over the criminalisation of youthful sexual activity. Photo: Shutterstock
High Court judges had expressed “growing concern” over the criminalisation of youthful sexual activity. Photo: Shutterstock

Chief Justice Dhananjaya Yashwant Chandrachud on Sunday said it was time to change the situation that the country’s 253 million adolescents find themselves in if they wish to have sex – and yet not run foul of the law.

Speaking at a conference organised by the Indian Supreme Court and Unicef, he noted that High Court judges had expressed “growing concern” over the criminalisation of youthful sexual activity, as he urged MPs to consider amending the law.

“There is a growing concern surrounding this issue which must be considered by the legislature in view of reliable research by experts in adolescent health,” he said.

Indian society may not like it, but teenagers are sexually curious and active, and this goes for all classes, castes and faiths and across the urban-rural divide
New Delhi lawyer Seema Misra

New Delhi criminal lawyer Seema Misra said she was saddened over the cases of consensual teenage sex landing in India’s courts “every day”.

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