REVISITING THE AGE OF CONSENT: A CRITICAL ANALYSIS OF LOWERING THE AGE FROM 18 TO 16

AUTHOR – AKSHATHA NAGARAJ, STUDENT AT CHRIST (DEEMED TO BE UNIVERSITY)

BEST CITATION – AKSHATHA NAGARAJ, REVISITING THE AGE OF CONSENT: A CRITICAL ANALYSIS OF LOWERING THE AGE FROM 18 TO 16, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 349-356, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract:

The age of consent has long been a subject of societal and legal debate. This paper offers a critical evaluation of the suggestion to lower the consent age from 18 to 16. Proponents contend that this adjustment is in line with the developing sexual consciousness and maturity of today’s kids. They argue that it more accurately captures the realities of contemporary relationships and encourages sexual autonomy. This paper, however, also looks at the possible dangers and issues that could arise from such a transition.

Reducing the consent age to 16 is thought to recognise the ability of youth to make mature choices regarding their own bodies and relationships. Its supporters contend that it lessens the possibility of criminalizing consenting relationships between partners who are close in age. Additionally, it might promote more positive views towards sexual interactions by promoting candid discussions about consent and sex in families and educational institutions.       

However, critics worry about the possibility of coercion and exploitation, especially when elderly couples are involved. They fear that 16-year-olds might not be emotionally or cognitively mature enough to fully understand the consequences of their decisions. The legal ramifications of consent age and how it interacts with statutory rape legislation are similarly complicated.                                                    

This critical study, with reference to the The Protection of Children from Sexual Offences Act or POCSO, explores these divergent points of view, highlighting the significance of a knowledgeable and impartial approach when thinking about a change in the legal age of consent. It emphasizes how important it is to provide age-appropriate knowledge, thorough sex education, and a safe space for young people to make decisions about their sexual lives. In the end, the argument for lowering the consent age necessitates carefully weighing the effects on young people, interpersonal relationships, and society at large.

Keywords: Consent, Sexual Autonomy, Mature, POCSO, Sex Education