Consent and age of consent
The Protection of Children from Sexual Offences Act 2012 sets 18 as the age below which any sexual activity is an offence, with no exception for consensual relationships between adolescents. Around a quarter of POCSO cases are said to involve consensual teenage relationships. The Supreme Court has been hearing arguments on whether the threshold should be reduced to 16.
Key points
| Age of consent | 18, with no close-in-age exception |
|---|---|
| POCSO | Gender-neutral for victims, with mandatory reporting duties |
| Mandatory reporting | Professionals must report, which conflicts with confidential health care for adolescents |
| Marital rape | An exception remains in the penal law for wives over 18; the question is before the Supreme Court |
| Consent definition | Defined in the penal law as unequivocal voluntary agreement |
| Limitation | None for POCSO offences |
| Two-finger test | Prohibited by the Supreme Court and treated as misconduct |
| Marital exception | Rape within marriage remains an exception, currently before the Supreme Court |
| Free medical treatment | Hospitals must provide it and may not refuse |
In practice
- Go to any hospital: free treatment and medico-legal examination are mandatory and cannot be refused.
- A zero FIR can be filed at any police station, regardless of where the offence occurred.
Recent changes
The Supreme Court is considering both the age of consent and the marital rape exception — two of the most consequential questions in Indian criminal law.
Where to go
- Childline 1098 and women's helpline 181.
- One Stop Centres in most districts, providing medical, police and legal help in one place.
Worth knowing
For adolescents, the mandatory reporting duty under POCSO can deter them from seeking medical care. The Supreme Court has held that a doctor providing abortion care need not disclose a minor's identity where the relationship was consensual. The zero FIR rule means no police station can turn you away for jurisdictional reasons. Refusal to register an FIR is itself an offence.
The general article: Consent and age of consent · Compare with another country
Domestic violence
The Protection of Women from Domestic Violence Act 2005 is civil legislation providing protection, residence, monetary and custody orders. It covers physical, sexual, verbal, emotional and economic abuse, and applies to women in marriages and in relationships in the nature of marriage. Criminal provisions on cruelty by a husband or his relatives apply in parallel.
Key points
| Scope | Physical, sexual, verbal, emotional and economic abuse |
|---|---|
| Residence order | The right to remain in the shared household, whoever owns it |
| Protection Officers | Appointed in each district to assist with applications |
| Monetary relief | Maintenance, medical expenses and compensation |
| One Stop Centres | Provide medical, police, legal and psychological help in one place |
| Criminal route | Cruelty by husband or relatives, and dowry offences, prosecuted separately |
| Timeline | The Act requires the first hearing within three days of the application |
| Protection of Women from Domestic Violence Act 2005 | A civil law giving residence, protection and monetary orders |
| Right to residence | A woman cannot be evicted from the shared household, whoever owns it |
| Section 498A | A separate criminal provision on cruelty by a husband or his relatives |
In practice
- Apply through the protection officer: the application is free and does not require a lawyer.
- Claim the residence order explicitly if you are being pushed out of the home.
Cost and coverage
Applications under the Act are free; district legal services authorities provide free lawyers.
Recent changes
Courts have repeatedly confirmed that a woman's right of residence extends to a shared household owned by in-laws, which is often the practical heart of these cases.
Where to go
- Women's helpline 181, and 112 for emergencies.
- One Stop Centres (Sakhi centres) in most districts.
- District Protection Officers and legal services authorities.
Worth knowing
The residence order is the most powerful part of the 2005 Act: it prevents a woman being thrown out of the matrimonial home, regardless of who owns it. The right to reside in the shared household applies regardless of ownership, including where the house belongs to in-laws. That is the Act's strongest provision.
The general article: Domestic violence · Compare with another country
Female genital mutilation
Practised within one community, with no specific law and a constitutional challenge still unresolved.
FGM in India is practised almost exclusively within the Dawoodi Bohra community, where it is known as khatna or khafz and typically performed on girls around the age of seven. There is no specific criminal provision; the acts would fall under general provisions on causing hurt and under child protection law. A petition asking the Supreme Court to declare the practice unconstitutional has been pending for years.
In India the practice is confined to one community, the Dawoodi Bohra, and is largely hidden. There is no specific prohibition; general provisions on hurt and the child-protection statute would in principle apply. A constitutional challenge has been pending before the Supreme Court for years, referred to a larger bench that has yet to decide, which leaves the legal position genuinely unsettled.
Key points
| Community | Practised almost exclusively within the Dawoodi Bohra community |
|---|---|
| Age | Typically around seven years old |
| Specific law | None; general hurt and child protection provisions would apply |
| POCSO | The child sexual offences law has been argued to cover the practice |
| Supreme Court | A constitutional challenge has been pending for several years |
| Survivor groups | Community-based organisations campaign for a ban and support survivors |
| Diaspora | Prosecutions have taken place in Australia and the United States |
In practice
- Survivor-led organisations provide confidential support and information.
- If a child is at immediate risk, childline services and child welfare committees can intervene.
- Medical care for complications is available in any gynaecology department.
- Families abroad should know that the practice is prosecuted in most countries of residence.
Where to go
- Childline services and district child welfare committees.
- Survivor-led organisations within the community.
- Gynaecology departments of public hospitals.
Worth knowing
The absence of a specific Indian law does not make the practice lawful, and it certainly does not protect families living abroad: convictions have been obtained in Australia and the United States.
Frequently asked questions
Is the practice illegal in India?
There is no law naming it. General offences causing hurt and the child-protection statute could apply, but they have not been used for this purpose in practice. A constitutional challenge remains undecided before a larger bench of the Supreme Court.
Where can someone turn for support?
To survivor-led organisations within the community that campaign on the issue and provide peer support, and to child helplines for a child at immediate risk. Medical care for complications is available through the general health system, though few clinicians have specific training.
The general article: Female genital mutilation · Compare with another country
General sources
- India.gov.in — national portal of India
- India Code — central and state legislation