A Socio- Legal Impact of Sexual Consent of a Mentally, Physically and Emotionally Matured Minor Victim (A Multidisciplinary Study)

Abstract

The issue of sexual consent by a minor who is mentally, physically, and emotionally mature presents a critical socio-legal dilemma in balancing child protection laws with individual autonomy. This multidisciplinary analysis explores the legal, psychological, and sociological dimensions of recognizing or denying the sexual consent of such adolescents, especially when they attain majority during ongoing trial proceedings. The study challenges the blanket classification of any sexual activity involving individuals under 18 as statutory rape under the Bharatiya Nyaya Sanhita, 2023, formerly the Indian Penal Code.

Legally, the paper analyzes case law where Indian courts grappled with consensual relationships among adolescents, particularly those aged 16–18, which were criminalized despite evidence of voluntary participation. It critiques the rigid age-based threshold of consent, advocating for an approach that considers mental and emotional maturity, retrospective consent, and intent of the complainant in assessing culpability.

Psychologically, the study draws on developmental psychology to argue that many adolescents over 16 have the cognitive and emotional ability to make informed decisions about their sexual autonomy. From a sociological perspective, the paper highlights how patriarchy, moral policing, caste-based ideologies, and honor cultures often influence the criminalization of such relationships, silencing the voices of young women by denying their agency.

The study concludes by recommending a re-evaluation of consent laws, moving beyond chronological age to include emotional maturity and situational voluntariness. It advocates for judicial discretion, trauma-informed adjudication, and child-sensitive legal reforms that both protect minors and acknowledge their evolving capacities.