New Delhi: The Supreme Court on Wednesday set November 12 to hear the issue over the statutory age of consent for adolescents, saying it would rather hear it in “continuity” than a “piecemeal” manner.
The matter came up for hearing before a bench of Justices Vikram Nath, Sandeep Mehta and N V Anjaria.
“We would prefer if the matter starts and continues rather than having it in piecemeal,” the bench said.
The bench fixed the matter on November 12, saying it would have continuous days of hearing.
The Centre has defended the statutory age of consent of 18 years, saying the decision was a “deliberate, well-considered, and coherent” policy choice aimed at shielding minors from sexual exploitation.
The Centre, in its written submissions through Additional Solicitor General Aishwaraya Bhati, argued that diluting the age of consent or introducing exceptions under the guise of adolescent romance would be not only legally unsound but also dangerous.
Senior advocate Indira Jaising, assisting the top court as an amicus curiae, has urged the apex court to read down the statutory age of consent from 18 to 16 years.
Jaising filed her written submissions challenging the blanket criminalisation of sexual activity involving adolescents aged 16 to 18
under the Protection of Children from Sexual Offences Act (POCSO), 2012 and Section 375 of the IPC.
On Wednesdsay, Jaising referred to a situation in which a person, aged between 16 and 18, gets involved in a consensual relationship and is prosecuted.
She said in “Nipun Saxena and others v. Union of India and others” the apex court decided on separate issues.
Jaising said the Nipun Saxena case and a separate suo motu case on the assessment of the criminal justice system in response to sexual offences were listed for hearing together before the bench.