Supreme Court's question to Centre on decriminalizing teenage sex
The Supreme Court has sought the Centre's response on a public interest litigation (PIL) challenging the legitimacy of rape laws criminalizing consensual sex between under-18 girls and boys aged above 18, PTI reported. The bench headed by Chief Justice DY Chandrachud also issued notices to the Law and Justice Ministry, the Ministry of Home Affairs (MHA), and the National Commission for Women (NCW). Notably, the PIL reportedly argued teenagers have the ability to understand risks and make informed decisions.
Why does this story matter?
The development is significant amid growing cases of girls under 18 and boys over 18 participating in consensual sex. Existing rape laws seem discriminatory toward such boys as the consensual activity, too, often results in police complaints from the girl's parents and/or his arrest. Meanwhile, the PIL seeks directions to decriminalize such statutory laws in cases involving consensual sexual activity between adolescent girls aged between 16 and 18 with an adolescent boy of similar age or with adults over 18.
Other arguments in PIL
Furthermore, the Supreme Court sought a response from the Centre on the probable applicability of the "Romeo-Juliet law" in India. It protects the boy from arrest if the age difference between the girl and the boy is below four years. The PIL was filed by lawyer Harsh Vibhore Singhal. It argued teenagers aged 16-18 could understand risks, make informed decisions, and freely and willingly choose what they want to do with their bodies.
Centre's response crucial for plea
The Centre's response would play a crucial role in determining the future of statutory rape laws in India and whether they will be amended to reflect the changing social landscape and the evolving understanding of adolescent decision-making capacities. "This gray area of law, a legislative vacuum, needs to be filled by guidelines on how statutory rape laws would operate by assessment of consent of 16+ to 18-year-olds before indicting the consenting adults," the CJI-led bench said.
About Romeo and Juliet law
The Romeo and Juliet law has reportedly been in effect in numerous nations since 2007. It offers some protection to statutory rape law offenders if the minor girl has consented to sexual intercourse and the age gap between her and the accused offender is less. Reportedly, it protects the boy from arrest if he is not more than four years older than the girl. Currently, rape charges are enforced in cases of underage sex if the male is an adult.
