FOR A LOWER AGE OF CONSENT

Instead of moral panics over sex, we should prioritise the health and safety of adolescents in consensual relationships

- MANJIMA BHATTACHARJYA

The age of consent, or the age at which a person’s consent to sexual activity is valid in law, has a long, eventful history in India.

Over 165 years, it moved from the age of 10 to 12 to 16, where it remained for about 73 years. Then, in 2012, the Protection of Children from Sexual Offenses Act (POCSO) was passed. Baked into the law was the definition of a child as anyone below 18, and any sexual activity under this age was deemed a crime. The law thus raised the age of consent, without discussion or explanation, from 16 to 18. At best, it was a hardline expression of concern for children’s safety. At worst, a moral stance that aligned age of consent with age at marriage, signposting the invalidity of premarital sex.