SC asks Centre for stance on decriminalising consensual sex among 16-18 year olds.

Certainly. The Supreme Court’s recent action has sparked a discussion regarding the decriminalization of statutory rape laws concerning 16 to 18-year-old individuals who engage in consensual sexual activities. In response to a public interest litigation (PIL) filed by lawyer Harsh Vibhore Singhal, the Court has called upon the Centre to provide its perspective on this matter.

The PIL raises a crucial point by questioning the validity of laws that label consensual sexual interactions between adolescents aged 16 to 18 as statutory rape. The argument is based on the assertion that individuals within this age group possess the necessary physiological, psychological, and social capacities to comprehend the implications of their actions. They are deemed capable of understanding and evaluating risks associated with consensual sexual conduct and making informed decisions.

The bench responsible for this matter, comprising Chief Justice D Y Chandrachud and justices J B Pardiwala and Manoj Misra, has taken the initiative to solicit responses from various quarters. Notices have been issued to Union ministries, including the ministries of law and justice, as well as home affairs. Moreover, the National Commission for Women and other relevant statutory bodies have also been included in this inquiry.

The PIL emphasizes that adolescents aged 16 to 18 have the agency and autonomy to make decisions regarding their own bodies. The argument is centered around the idea that these individuals are not only biologically capable but also possess the psychological maturity to make choices about their sexual activities. This includes their capacity to provide affirmative consent and make decisions without fear or undue influence.

In essence, the PIL challenges the existing legal framework by highlighting the capabilities and decision-making autonomy of adolescents in the 16 to 18 age range. This move by the Supreme Court not only underscores the significance of addressing legal matters in the context of evolving societal norms but also opens a dialogue about the rights and responsibilities of young individuals in matters pertaining to their own bodies and relationships.