Supreme Court seeks Centre’s reply on PIL for decriminalising ‘consensual sex’ between 16-18 years olds

Supreme Court of India
File photo: Supreme Court

August 18, 2023

The Supreme Court on Friday sought a response from the Union government on a PIL seeking a direction to decriminalise the law on statutory rape often invoked against 16-18 years old adolescents for indulging in ‘consensual sex’.

A bench comprising Chief Justice DY Chandrachud, Justice J  Pardiwala, and Justice Manoj Misra took note of the PIL filed by lawyer Harsh Vibhore Singhal in his personal capacity.

The apex court has issued notices to Union ministries of law and justice and the home affairs and some other statutory bodies including the National Commission for Women.

“Pass a writ of mandamus under Article 32 or any other direction in the nature of writ and exercise its powers under 142 to decriminalise the law of statutory rape as applied to all cases of voluntary consensual sexual contact between any 16+ to <18 adolescent with another similar age adolescent and with >18 adult,” the plea said.

It said such adolescents possess “physiological, biological, psychological and social capacities, competence to assimilate and evaluate information to understand and comprehend risks, freedom to make informed choices to convey affirmative decisions or otherwise, and have the agency and decisional/bodily autonomy to fearlessly, freely and voluntarily do what they wish to do with their bodies”.

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