Supreme Court seeks Centre's response to decriminalise Consensual Sex by 16-18 years olds

Supreme Court (SC) on August 18 sought Centre's response to the plea to decriminalise Consensual Sex by 16-18 years olds.

As per a report by LiveLaw, the development comes after a three-bench of the apex court, comprising Chief Justice of India DY Chandrachud and Justices JB Pardiwala and Manoj Mishra, on August 18, heard a Public Interest Litigation (PIL) challenging the vires of the statutory rape laws that criminalise consensual sex by 16-18-year-olds.

Taking cognisance of the PIL, the top court sought a response from the Centre on seeking a direction to decriminalize the law on statutory rape often invoked against 16-18-year-olds adolescents for indulging in consensual sex.

The Bench also issued notices to the Union Ministry of Law and Justice, the Home Affairs, and some other statutory bodies, including the National Commission for Women.

The said PIL was filed by Advocate Harsh Vibhore Singhal, who claimed that criminal sanctions are inappropriate against adolescents for consensual, non-exploitative sexual activity.

''Less than 18-year-olds may engage in sexual activity with consent, even though it is not legal. Therefore, the application of criminal law must take into account these people's rights, the ability for making decisions about having consensual sex, and right to be heard in such situations,'' the petitioner argued.

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