The debate surrounding the legal age of consent and its implications for adolescent relationships continues to spark intense discussion in India. Rather than focusing on lowering the age of consent, a more compassionate and nuanced approach is needed: decriminalizing adolescent love while safeguarding against exploitation and abuse. Recent developments in the Indian judicial system highlight this evolving perspective.

The Delhi High Court, in February 2025, emphasized the importance of acknowledging and respecting adolescent relationships, as long as they are consensual and free from coercion. Justice Singh stated that adolescents should be allowed to express their feelings and engage in relationships without fear of criminalization. The court advocated for preventing exploitation and abuse rather than punishing love, affirming that consensual and respectful adolescent love is a natural part of human development. The court also stressed the need for the legal system to safeguard the rights of young individuals to love while ensuring their safety and well-being, calling for a compassionate approach that prioritizes understanding over punishment in cases involving adolescent love.

This perspective aligns with the Supreme Court's efforts to ensure that the Protection of Children from Sexual Offences (POCSO) Act is not misused to criminalize consensual sexual relationships between adolescents. The Supreme Court has urged the Centre to consider devising a national sex education policy and has formed a committee to look into POCSO-related cases and suggest improvements.

However, the Union government has firmly opposed any changes to the law, arguing that lowering the age of consent or creating exceptions for adolescent relationships would undermine the legal protections designed to safeguard minors and potentially increase the risk of child abuse. The government emphasized that the statutory age of consent fixed at eighteen years must be strictly and uniformly enforced to preserve the integrity of child protection laws and prioritize the welfare of minors. The Centre also highlighted India's obligations under the UN Convention on the Rights of the Child (UNCRC), which defines a child as anyone under 18 and mandates that states protect them from all forms of sexual exploitation and abuse.

Senior advocate Indira Jaising has urged the Supreme Court to lower the age of consent from 18 to 16, arguing that POCSO criminalizes consensual adolescent relationships and violates constitutional rights. Jaising argues that the current law wrongly equates consensual relationships between adolescents with abuse, ignoring their autonomy, maturity, and capacity to consent. She pointed out the increase in prosecutions under POCSO involving minors aged 16–18 and urged the court to read into the law a “close-in-age” exception, which would exempt consensual sexual acts between adolescents aged 16 to 18 from prosecution under POCSO and the Indian Penal Code (IPC).

These differing viewpoints underscore the complexities of the issue. Criminalizing consensual relationships can have detrimental effects on adolescents, leading to unnecessary legal battles and social stigma. It can also deter adolescents from seeking medical care or reporting abuse for fear of legal repercussions. However, lowering the age of consent could potentially expose younger individuals to exploitation and abuse, undermining the protections afforded by the POCSO Act.

A more effective approach involves focusing on comprehensive sex education, promoting healthy relationships, and providing support services for adolescents. Education can empower young people to make informed decisions about their sexual health and relationships, while support services can provide a safe space for them to seek help if they experience abuse or exploitation. Additionally, the justice system needs to adopt a more nuanced approach, distinguishing between consensual relationships and cases of genuine abuse. This requires careful consideration of the specific circumstances of each case, taking into account the maturity and understanding of the individuals involved.

Ultimately, the goal is to protect adolescents while respecting their rights and autonomy. By shifting the focus from punishment to prevention and support, we can create a society that safeguards young people from harm while allowing them to experience love and relationships in a healthy and responsible manner.