The Express

Supreme Court's Landmark Ruling Sparks Debate on Adolescent Privacy and Consent

POCSO’s stance over criminalising all sexual acts involving adolescents being exploitative has to be rechecked.

Tanisha Singh

A judgement in juvenile justice has caught the attention of many while sparking debate and conversations. The Supreme Court’s May 2025 judgement in Re: Right to Privacy of Adolescents marked a turning point in the lens through which the legal system sees consensual adolescent relationships. 

The 2012 Act, Protection of Children from Sexual Offences (POCSO) is a rigid framework which still needs more progressive conversations to keep up with the changing times. 

According to the POCSO Act, the age of consent is set at 18. This also emphasises that any sexual activity involving minors is bound to be criminalised - regardless of consent or context. While this Act has protected the fundamental and natural rights of a child, the very foundation of this Act disregards the autonomy of adolescents.

There is a need to discuss this Act more than ever after the 2025 case of a 14-year-old girl in West Bengal being in a consensual relationship with a man in his mid-20s and then eloping with him in 2018. The legal system initiated action against her adult partner despite her opposition to his punishment. 

Adolescence is the age bracket where growing individuals develop maturity and a sense of judgment. Yet, children of this age strata also practise what is looked down upon by the adults. Indian society has suppressed discussion for crucial topics within communities. Teenagers should be able to exercise informed consent in relationships. Subsequently, adults should be present as informers and guardians who can protect the impressionable youth from coercion and grooming by predators. 

The UN Committee on the Rights of the Child encourages countries to avoid criminalising consensual sexual activity between adolescents who are close in age. Moral policing of mutual and non-exploitative relationships among youth isn’t going to bring a change. Rather, this will create a cage of thought - where an average individual’s sense of identity, consent and autonomy is taken away from them.

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