Should teen sex be a crime? Indian woman lawyer mounts challenge

India is currently facing a heated debate about whether teenagers should be considered criminals for having consensual sex. The law in India states that the legal age for sex is 18, and anyone under that age who has sex, even if both people agree, can be charged with a crime. Recently, a well-known lawyer, Indira Jaising, brought this issue to the Supreme Court, arguing that consensual sex between 16 and 18-year-olds should not be treated as a crime. She believes that the purpose of age-based laws is to protect children from abuse, not to punish them for consensual relationships with someone close to their own age. The government, however, disagrees with her. Officials argue that lowering the age or making exceptions could put children at risk of abuse, trafficking, or forced marriage. They worry that if the law is changed, it could be misused by adults to exploit teenagers or by families to force children into unwanted situations. This debate has brought attention to India's main law against child sexual abuse, called the Protection of Children from Sexual Offences Act, or Pocso. Some child rights activists say that the law, as it stands, can be used by parents or others to control teenagers, especially girls, and prevent them from having relationships they do not approve of. They argue that the law is sometimes used unfairly, especially against people from different social or economic backgrounds. In many other countries, the age of consent is lower than in India. For example, in the UK and Canada, it is 16. In India, the age was originally set at 10 in 1860, raised to 16 in 1940, and then to 18 in 2012. Some activists and even some courts have suggested that the age should be lowered back to 16, saying that the current law criminalizes normal teenage behavior and relationships. Another problem is that sex education is not widely taught in Indian schools, so many teenagers do not have enough information about sex and relationships. This lack of education can make it harder for young people to make safe and informed choices. There have been cases where teenagers in love have run away together, and the boy has been charged with serious crimes like rape or abduction, even if the girl agreed to go with him. Some courts have started to consider whether the relationship was consensual when making decisions, but this is not always the case. Indira Jaising argues that leaving these decisions up to judges is not enough, because the legal process in India is very slow and stressful. There are hundreds of thousands of cases waiting to be heard, and it can take years for a case to be resolved. She wants the law to include a 'close-in-age exception,' which would mean that consensual sex between teenagers aged 16 to 18 would not be treated as a crime. Some experts worry that making such an exception could be dangerous, as it might be used to cover up cases of trafficking or child marriage. They suggest that instead of changing the law, the justice system should be improved to handle cases more quickly and fairly, and that better support should be provided for victims. Others, like Enakshi Ganguly, a child rights activist, agree with Indira Jaising and say that the law needs to change to keep up with society. They believe that being afraid of the law being misused is not a good enough reason to avoid making necessary changes. This issue is complex and affects many people in different ways. While everyone agrees that children should be protected from harm, there is disagreement about the best way to do this. The debate continues, with strong arguments on both sides about how to balance protection with the rights and autonomy of teenagers.