In her written submissions to the Supreme Court in the Nipun Saxena v. Union of India case, Senior Advocate and amicus curiae Indira Jaising has called for a crucial reinterpretation of the Protection of Children from Sexual Offences (POCSO) Act, 2012. She argued that the statutory definition of ‘child’ under Section 2(d) should exclude adolescents aged 16 to 18 engaged in consensual, non‑exploitative sexual relationships, which should not be deemed as abuse.

Jaising condemned the blanket criminalization of all sexual activity under 18, stating it infringes constitutional rights to privacy, equality, dignity, and sexual autonomy (Articles 14, 15, 19, and 21). She proposed the introduction of a “close-in-age” exception - similar to Romeo and Juliet provisions in other democracies - to decriminalize consensual encounters within the 16–18 age bracket.

Her submission aligns with recent judicial thinking, including observations by the Delhi, Bombay, Madras, and Meghalaya High Courts, which have urged reform to distinguish consensual adolescent love from exploitive conduct. The SC has issued notice to the Centre and may review the law’s mandatory reporting regime and seek a legislative response. 

This move could mark a significant shift in Indian law, balancing protection of minors against recognition of their evolving autonomy.