Senior advocate Indira Jaising,  in a written submission to the Supreme Court recently, saidthat consesual sex between teenagers aged 16 to 18 must not be criminalised. Why is this a hot button issue? Under the Pocso or Protection of Children from Sexual Offences Act, 2012, any sexual relationship under the age of 18 is a crime, as those below 18 are considered children, and therefore consent does not matter. This is not a new issue: child rights activists and court in India too, have for years now highlighted the fact that a chunk of cases filed under the Pocso Act are of consensual teenage romantic relationships and elopements and that navigating the criminal judicial system in India can wreak havoc on young lives. The government however has maintained its stand that the age of consent cannot be lowered, that doing this, would erode child protection and child marriage laws and polices. Is there a case for decriminalising consensual teenage relationships? Is it fair to punish young persons for their romances? How is consent defined and regulated? How can India protect its children from marriage, abuses and crime while also allowing them freedom to choose their partners when they want to?

Guest: Swagata Raha, legal researcher on child protection 

Host: Zubeda Hamid

Edited by Sharmada Venkatasubramanian

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