Morality vs Biology

The age of sexual consent should not be linked to the minimum age for marriage

Recent discussions about the age of sexual consent that stemmed from the Centre’s decision (subsequently withdrawn) to lower the age of consent from 18 to 16 have been highly influenced by traditional norms that associate women’s sexual desire with marriage. Arguments have been made that if the age of consent is lowered, the age of marriage for women must also be lowered. It is obvious that the real concern is controlling women’s sexuality. We must break free of arguments that aim to reinforce traditional social structures that control women’s sexuality.

The age of consent for sex and the legal age of marriage are two separate issues. Consensual sex between two young adults occurs throughout India and should not be confused with, marriage. Furthermore, women’s decision to engage in consensual sex should not be conflated with the moral fabric of Indian society.

Discussions regarding the age of sexual consent must focus on women and men’s biological maturity to engage in sex and to consent to intercourse. As a society we must decide what age this is. However, we must ensure that these decisions are not defined by the connections between sex and marriage.

Laws concerning adolescent sexuality in India tend to have a paternalistic approach, based on the assumption that persons below a certain age are unable to make their own decisions.

In India, the words “child” and “adult” are loaded with deep-rooted cultural connotations. Traditionally, the child is the preserve of the family. As the family is of extreme importance, little attention is paid to the desires of adolescents. Within this framework, it is a struggle to award adolescents the right to identity.

Globalisation introduces new information and communication technologies, increases urban migration and the dissolution of the traditional family — all this affects adolescent sexual behaviour as well.

The expanding horizons of young adolescents are filled with messages about sex — some clear and consistent, some ambiguous or conflicting. Access to the media and the Internet provides contact to an increasingly sexualised youth culture that leaks into what may already be a confusing milieu of expectations.

Throughout the world, marriages often take place later, while sexual activity starts earlier. The increasing habeas corpus petitions filed in various courts by young people seeking the right to choice in personal relationships reflects this trend.

Consensual sex between young

adults occurs throughout India and should not be confused with

marriage