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Centre Rejects Age of Consent Changes, Defends 18-Year Limit in POCSO Act

Government Stands Firm: No Dilution of POCSO Act's Age of Consent

The Union government has unequivocally rejected proposals to lower the age of consent or introduce exemptions in the  Protection of Children from Sexual Offences (POCSO) Act, 2012 . In a written reply in the Lok Sabha on  February 7, 2026 , the government stated that any such dilution would undermine child safety and increase exploitation risks, firmly closing the door on a recent judicial debate.


Direct Response to Supreme Court Suggestion
This clarification comes after a  two-judge bench of the Supreme Court  in January 2026 asked the Centre to consider introducing a  "Romeo-Juliet" clause —a close-in-age exemption—to protect consensual adolescent relationships from the stringent provisions of the POCSO Act. Responding to this,  Minister for Women and Child Development, Annpurna Devi , stated that such changes would contradict the  "conscious and considered policy determination"  behind the law and weaken its core objective of absolute child protection.


Uniform Age of Majority: A Cornerstone of Policy
The minister defended the uniform age of consent set at  18 years , emphasizing it is consistent across India's key child protection statutes. This includes the  Prohibition of Child Marriage Act (2006) , the  Juvenile Justice Act (2015) , and the  Bharatiya Nyaya Sanhita (2023) . The government's stance is that this uniformity prevents legal manipulation and recognizes that minors lack the  legal and psychological capacity for informed consent , thereby safeguarding them from potential coercion and exploitation.


Legislative Intent Prioritizes Safety Over Misuse Concerns
The reply was issued in response to questions from MPs regarding alleged misuse of the POCSO Act. While acknowledging these concerns, the government reaffirmed that the  legislative intent is to prioritize child safety above all . Under the current framework,  any sexual activity involving a person below 18 is a criminal offence, irrespective of consent . This position underscores the state's commitment to protecting children, particularly adolescent girls, from sexual abuse.


Exam-Focused Important Facts:

  • Law:   Protection of Children from Sexual Offences (POCSO) Act, 2012 .

  • Key Provision:  Criminalizes  all sexual activity with persons below 18 ; consent is  not recognized .

  • Government Stance:   Rejected  lowering the age of consent or adding a "Romeo-Juliet" exemption.

  • Legal Consistency:  Age of majority is  uniformly 18 years  across POCSO, Child Marriage Act, Juvenile Justice Act, and BNS.

  • Rationale:  To prevent  exploitation and coercion , recognizing minors' inability to give informed consent.

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