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Lowering the Age of Consent Will Undermine Child Safety

Overview: The Government of India told Parliament that lowering the age of consent below 18 under the POCSO Act, 2012 would weaken child protection safeguards. Officials warned that such changes could increase exploitation, abuse, and manipulation of minors, particularly teenage girls. The Centre rejected proposals like a “Romeo–Juliet clause,” stressing zero compromise on child safety.


Lowering the Age of Consent Will Undermine Child Safety

The Government of India has made it clear in Parliament that any lowering of the age of consent below 18 years under the Protection of Children from Sexual Offences Act, 2012, may undermine its child protection systems. Officials said that lowering the legal age or adding exemptions would compromise child safety, increase chances of exploitation and lessen legal protection to prevent abuse and manipulation of minors, especially teenage girls. This perception was raised as a reaction to proposals including a so-called Romeo-and-Juliet clause, and the government emphasised that even weakening the consent laws could erode its resolve to protect children against sexual offences.

What are the Objects of Low Age Consent?

  • The age of consent has been stipulated to prevent the sexual abuse and exploitation of minors under 18 years, due to which their ability to consent to sexual activity should not be regarded as valid in the law.

  • According to the child protection law, anyone under the age of 18 is considered a child, and any consent made by a minor is not a legal contract.

  • The purpose of the provision is to avert statutory rape and other forms of sexual offences against children.

  • A concrete age of consent will lead to a legal norm that will avoid uncertainty and enforce uniformity.

  • It promotes a child-friendly justice that is protection-based, reporting, investigative and fast-trial aimed.

  • The law aims at protecting the physical, emotional and psychological growth of children.

  • The arguments put forward by the authorities to fight against lowering the age of consent have been that it will dilute the law that protects against exploitation.

Previous Year Questions on Child Marriage

Exam Year Question (MCQ) Options Correct Answer
UPSC Prelims 2014 Under the Prohibition of Child Marriage Act, 2006, a girl is considered a child if she is below the age of: (A) 16 years (B) 17 years (C) 18 years (D) 21 years (C) 18 years
UPSC Prelims 2020 The Prohibition of Child Marriage Act, 2006, replaced which earlier law? (A) Hindu Marriage Act (B) Dowry Prohibition Act (C) Child Marriage Restraint Act, 1929 (D) Indian Penal Code (C) Child Marriage Restraint Act, 1929
CDS 2019 The Child Marriage Restraint Act, 1929, is also known as: (A) Sharda Act (B) Sarda Act (C) Nehru Act (D) Malaviya Act (B) Sarda Act
NDA 2021 Which act prohibits child marriage in India? (A) Indian Penal Code (B) POCSO Act (C) Prohibition of Child Marriage Act, 2006 (D) Juvenile Justice Act (C) Prohibition of Child Marriage Act, 2006
SSC CGL 2018 Under the Prohibition of Child Marriage Act, 2006, a child marriage is: (A) Fully valid (B) Automatically void (C) Voidable at the option of the minor (D) A civil offence only (C) Voidable at the option of the minor
SSC GD 2020 Who can file a complaint to prevent or report a child marriage? (A) Only the victim (B) Parents only (C) Any person or organisation (D) Only the police (C) Any person or organisation
State PSC (UPPSC) 2016 Who is appointed at the district level to prevent child marriages? (A) Sub-Divisional Magistrate (B) Child Welfare Officer (C) Child Marriage Prohibition Officer (D) District Judge (C) Child Marriage Prohibition Officer

Conclusion 

By reducing the age of consent, the law would be undermined to teach children to protect against exploitation and abuse. Current legislation accepts the vulnerability of the minors and strives to provide safeguards and well-being. Any watering down of this will put at risk the normalisation of unequal power relations and the eradication of hard-acquired protection of children.

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