On 24th May, the Supreme Court of India urged the Centre to consider decriminalising consensual adolescent relationships under the Protection of Children from Sexual Offences (POCSO) Act. The remarks of the apex court have sparked alarm among child rights activists and social observers. The court has also asked the government to frame a national policy on sexual and reproductive health education.
Minors cannot choose their government, they don't even have the right to vote. Are we expecting them to choose their sexual partners wisely?
— प्रियंक कानूनगो Priyank Kanoongo (@KanoongoPriyank) May 25, 2025
Be careful, this could legitimize Nikah and other forms of child marriage with minor girls.
नाबालिग अपनी सरकार नहीं चुन सकते, उन्हें वोट… pic.twitter.com/BqS8gx6oiW
While this may be framed as empathy by the judiciary, former chief of the National Commission for Protection of Child Rights, Priyank Kanoongo, warned that such a step could open a dangerous floodgate. In a post on X, he wrote, “Minors cannot choose their government, they don’t even have the right to vote. Are we expecting them to choose their sexual partners wisely? Be careful, this could legitimise Nikah and other forms of child marriage with minor girls.”
The judicial observation that could be misused
The Supreme Court made the observations while hearing the plea of a woman whose husband was sentenced to 20 years under POCSO for having a relationship with her when she was 14. The Court appointed senior lawyers Madhavi Divan and Liz Mathew as amici curiae, who recommended a more empathetic approach towards adolescent consensual relationships. The court then issued notice to the Centre, suggesting the formation of an expert committee to look into the matter.
Notably, several High Courts, including those in Madras and Delhi, have already leaned towards a more “nuanced” interpretation. In a recent judgment, the Delhi High Court quashed a case against a boy and held that love among adolescents should not be punished. On the other hand, a few years ago, the Madras High Court had said that adolescent relationships should be viewed with understanding, not from an adult’s lens.
But this is India, not Scandinavia
The issue here is that the courts are possibly viewing the situation from a Western viewpoint. What may work as a model in Western liberal societies can have devastating consequences in India. Notably, India is already reeling under challenges like forced child marriages, Nikah involving minor girls, rampant trafficking under the guise of marriage, and systematic religious conversions under grooming tactics. Decriminalising adolescent sex may end up becoming a legal loophole for all these, and many other forms of abuse.
The POCSO Act is not meant to police love. However, it is also not meant to allow grown men to exploit legal grey zones by marrying or entering into relationships with underage girls under the guise of “adolescent love”. There is no way one can ignore how the Nikah route is often used to avoid POCSO charges. Not to forget, not long ago, in June 2022, the Punjab and Haryana High Court had justified child marriage using Shariah and held that a Muslim woman of 16 years old was eligible for Nikah. Will this judicial leniency not embolden traffickers and manipulators who are already gaming the system?
The slippery slope ahead
It is not a matter of legal language alone. It is a socio-cultural landmine. Once the law starts accommodating “consensual” relationships involving 14 or 15-year-olds, the line between love and exploitation will blur even further. Who is going to verify the consent? At what age does a girl from a poor and marginalised background have the agency to refuse coercion disguised as love?
Child marriage is very much a serious issue in India. Every year, there are thousands, if not lakhs, of child marriages happening in the country. The moment adolescent sexual activity is normalised under the law, religious bodies, khap panchayats, and trafficking rings could push vulnerable girls into marriages or exploitative situations, all legally shielded.
What is needed – balance, not blanket decriminalisation
It is a fact that in some cases, POCSO is misused and it deserves attention. However, legal reform must be surgical, not sweeping. There should be age-gap thresholds, better counselling mechanisms, parental mediation, and strong safeguards must accompany any change.
If such safeguards are not in place, the so-called “noble intention of protecting young love” will become a disaster for society and the safety of young girls. It will be hijacked by those who have a history of preying on the young and voiceless.
No matter how strong the lines the court or lawmakers write about “empathy”, the fact remains that minors cannot vote, cannot drive, and there is a good reason for it. Are we going to assume now that they are fit to give sexual consent?
The judiciary may mean well, but from a Western world’s perspective. For a country like India, such judgments, if not accompanied by caution and cultural context, will not protect love. They will legitimise abuse.
