Legal Age of Consent Supreme Court Hearing on November 12

The Supreme Court has scheduled November 12 for hearing the matter regarding the legal age of consent for adolescents. The court emphasized that it prefers continuous proceedings rather than fragmentary hearings to ensure a comprehensive resolution of all related aspects.

The Supreme Court on Wednesday, September 24, fixed November 12 for the hearing on the legal age of consent for adolescents. The bench described the matter as highly sensitive and stated that it would prefer a continuous hearing over fragmented sessions. The case was listed before a bench comprising Justices Vikram Nath, Sandeep Mehta, and N.V. Anjaria.

During the proceedings on Wednesday, the bench remarked, “We would like to hear this matter continuously rather than in parts.” The court decided that the hearing on November 12 would be held continuously to cover all aspects of the issue comprehensively.

Central Government’s Stand
The central government strongly supported maintaining the legal age of consent at 18 years. It stated that this policy is a deliberate, well-considered, and consistent step to protect minors from sexual exploitation. Through Additional Solicitor General Aishwarya Bhati, the government submitted that reducing the age of consent or creating exceptions under the guise of adolescent relationships would be legally inappropriate and potentially dangerous.

The government further argued that introducing a close-in-age exception or lowering the minimum consent age would weaken the very foundation of child protection laws. Such amendments could facilitate human trafficking and other forms of exploitation. The government stressed that judicial discretion should remain case-specific and must not become a general legal exception.

Appeal to Reduce Age of Consent to 16 Years
Senior advocate Indira Jaising, assisting the Supreme Court in this case, urged the court to reduce the legal age of consent from 18 to 16 years. She argued that sexual relationships between adolescents aged 16 to 18, conducted with mutual consent, should not be criminalized under the POCSO Act, 2012 or Section 375 of the Indian Penal Code.

During the hearing, Jaising highlighted cases where adolescents aged 16 to 18 faced prosecution despite mutual consent, affecting their lives profoundly. She referred to the case of Nipun Saxena vs. Union of India, emphasizing the need for the court to examine all related issues collectively.

Continuous Hearing to Ensure Comprehensive Resolution
The bench indicated that it would not segregate issues into separate cases. It stated, “We will consider this matter comprehensively. Issues will not be treated separately. Let it unfold, and then we will see.” The proceedings will commence on November 12, 2025, and continue until all aspects are thoroughly debated and resolved. This hearing is expected to provide critical guidance on balancing adolescent autonomy with child protection laws.